Florida legal term
Physically helpless in Florida Criminal Law
Current through 2026 Florida legislative session
In Florida criminal law, “Physically helpless” 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 “Physically helpless” mean in Florida criminal law?
“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 and substantially limited in ability to resist or flee.(h) “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.(i) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.(j) “Sexual battery” means oral, anal, or female genital penetration by, or (Fla. Stat. § 794.011)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.