Florida statute
Fla. Stat. § 784.041 — Felony battery; domestic battery by strangulation
Current through 2025 Florida Statutes
Part of Chapter 784: Assault; Battery; Culpable Negligence, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 784.041
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(1) A person commits felony battery if he or she:(a) Actually and intentionally touches or strikes another person against the will of the other; and(b) Causes great bodily harm, permanent disability, or permanent disfigurement.
(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.(b) As used in this subsection, the term:1. “Family or household member” has the same meaning as in s. 741.28.2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Official sources
Legal terms used in this section
Questions this section answers
Is felony battery; domestic battery by strangulation a felony or a misdemeanor in Florida?
Felony battery; domestic battery by strangulation is a Felony of the Third Degree in Florida under Fla. Stat. § 784.041.
Which Florida statute covers felony battery; domestic battery by strangulation?
Felony battery; domestic battery by strangulation is governed by Fla. Stat. § 784.041 (Felony battery; domestic battery by strangulation).
This reference is informational and is not legal advice.