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Florida legal term

Wrongfully incarcerated person in Florida Criminal Law

Current through 2026 Florida legislative session

In Florida criminal law, “Wrongfully incarcerated person” 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 “Wrongfully incarcerated person” mean in Florida criminal law?

“Wrongfully incarcerated person” means a person whose felony conviction and sentence have been vacated by a court of competent jurisdiction and who is the subject of an order issued by the original sentencing court pursuant to s. 961.03 finding that the person did not commit the act or offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to a person who committed the act or offense. (Fla. Stat. § 961.02)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.