Skip to main content
US Criminal Defense.org
Menu

Florida statute

Fla. Stat. § 784.086 — Reproductive battery

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. § 784.086

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.

Fla. Stat. § 784.086Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the term:(a) “Donor” means a person who donates reproductive material, regardless of whether for personal use or compensation.(b) “Health care practitioner” has the same meaning as provided in s. 456.001.(c) “Recipient” means a person who receives reproductive material from a donor.(d) “Reproductive material” means any human “egg” or “sperm” as those terms are defined in s. 742.13, or a human zygote.(e) “Zygote” means a fertilized ovum. (2) A health care practitioner may not intentionally transfer into the body of a recipient human reproductive material or implant a human embryo of a donor, knowing the recipient has not consented to the use of the human reproductive material or human embryo from that donor.(a) A health care practitioner who violates this section commits reproductive battery, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A health care practitioner who violates this section and who is the donor of the reproductive material commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Notwithstanding any other provision of law, the period of limitation for a violation under this section does not begin to run until the date on which the violation is discovered and reported to law enforcement or any other governmental agency. (4) It is not a defense to the crime of reproductive battery that the recipient consented to an anonymous donor.

Official sources

Legal terms used in this section

Questions this section answers

Is reproductive battery a felony or a misdemeanor in Florida?

It depends on the circumstances: reproductive battery ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 784.086.

Reproductive battery — health care practitioner not the donor: Felony of the Third Degree (Fla. Stat. § 784.086(2)(a)) · Reproductive battery — health care practitioner who is also the donor: Felony of the Second Degree (Fla. Stat. § 784.086(2)(b))

Which Florida statute covers reproductive battery?

Reproductive battery is governed by Fla. Stat. § 784.086 (Reproductive battery).

This reference is informational and is not legal advice.