What is Battery on Facility Employee in Florida?
The crime of Battery on Facility Employee is a Third Degree Felony that is punishable by up to 5 years in prison and a $5,000 fine.
This offense occurs when a:
- Person was detained in a facility.
- Person caused or attempted to cause victim to come into contact with blood, saliva, masticated food, regurgitated food, seminal fluid, urine, or feces by throwing, tossing, or expelling such fluid or material.
- Person did so with the intent to harass, annoy, threaten, or alarm victim; and
- Victim was facility employee; and
- Person knew victim or reasonably should have known that victim was facility employee.
A “facility” is any state correctional institution, private correctional facility, county, municipal, or regional jail or other detention facility of local government, or any secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice.
An “employee” is any person employed by or performing contractual services for a public or private entity operating a facility or employed by or performing contractual services for the corporation operating the prison enhancement programs or the correctional work programs, or who is a parole examiner with the Florida Commission on Offender Review.
Some of the defenses to Battery on Facility Employee:
- Did not have the required specific intent.
- Victim was not an employee.
- Person did not have knowledge victim was employee.
- Person was not detained in facility.
References:
Hopkins v. State: On facility.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of Battery on Facility Employee in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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