Florida legal term
Mentally defective in Florida Criminal Law
Current through 2026 Florida legislative session
In Florida criminal law, “Mentally defective” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Florida criminal code.
What does “Mentally defective” mean in Florida criminal law?
“Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.(d) “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.(e) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter.(f) “Physically helpless” means unco (Fla. Stat. § 794.011)
Statutes defining or using this term
Charges using this term
Related terms in the same statutes
This reference is informational and is not legal advice.