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Florida legal term

Physically incapacitated in Florida Criminal Law

Current through 2026 Florida legislative session

In Florida criminal law, “Physically 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 “Physically incapacitated” mean in Florida criminal law?

“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 union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual batt (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.