Florida legal term
Mentally incapacitated in Florida Criminal Law
Current through 2026 Florida legislative session
In Florida criminal law, “Mentally incapacitated” 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 incapacitated” mean in Florida criminal law?
“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 unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.(g) “Physically incapacitated” means bodily impaired or handicapped (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.