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Florida Statutes

Fla. Stat. § 874.04 (2025)

Gang-related offenses; enhanced penalties.

✓ 2025 Florida Statutes: current through the 2025 Regular Session
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874.04 Gang-related offenses; enhanced penalties.—Upon a finding by the factfinder that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or misdemeanor if committed by an adult, may be enhanced. Penalty enhancement affects the applicable statutory maximum penalty only. Each of the findings required as a basis for such sentence shall be found beyond a reasonable doubt. The enhancement will be as follows:
(1)(a) A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree.
(b) A misdemeanor of the first degree may be punished as if it were a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 1 of the offense severity ranking chart. The criminal gang multiplier in s. 921.0024 does not apply to misdemeanors enhanced under this paragraph.
(2)(a) A felony of the third degree may be punished as if it were a felony of the second degree.
(b) A felony of the second degree may be punished as if it were a felony of the first degree.
(c) A felony of the first degree may be punished as if it were a life felony.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such felony offense is ranked as provided in s. 921.0022 or s. 921.0023, and without regard to the penalty enhancement in this subsection.

History.—s. 1, ch. 90-207; s. 76, ch. 94-209; s. 23, ch. 95-184; s. 37, ch. 96-388; s. 21, ch. 97-194; s. 1, ch. 2001-126; s. 8, ch. 2008-238.
Notes of Decisions
Cited in 32 cases (1 in the last 5 years), 1995–2022 · leading case: State v. OC, 748 So. 2d 945 (Fla. 1999).
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State v. OC, 748 So. 2d 945 (Fla. 1999). · cites it 13× “, a juvenile, was charged by an amended delinquency petition with attempted aggravated battery to cause great bodily harm, a third-degree felony, and battery, a misdemeanor.”
State v. O.C., 748 So. 2d 945 (Fla. 1999). · cites it 13× “5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional.”
O. C. v. State, 722 So. 2d 839 (Fla. 5th DCA 1998). · cites it 15× “§ 874.04, Fla. Stat. (Supp.1996). Section 874.”
State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2015). “411u (enhancing punishment when a person “who is an associate or a member *160 of a gang commits a felony or attempts to commit a felony and the person’s association or membership in the gang provides the motive, means, or opportunity to commit the felony, the person is guilty…”
In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009). · cites it 2× “Other Provisions: Criminal Gang Activity __ The felony conviction is for an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.”
In Re Amendments to the Florida Rules of Crim. Procedure, 188 So. 3d 764 (Fla. 2015). · cites it 2× “Other Provisions: Criminal Gang Activity The felony conviction is for an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.”
Amendments to Florida Rules of Crim. Procedure 3.704 & 3.992, 810 So. 2d 826 (Fla. 2001). · cites it 5× “(22) If the offender is found to -be-a member ofto have committed the offense for the purpose of benefitting, promoting, or furthering the interests of a criminal street gang pursuant — founder section 874.04, Florida Statutes, at the time of the commission of the primary…”
In re Adoption of Florida Rules of Crim. Procedure 3.704 & 3.992 to Implement the Florida Crim. Punishment Code, 721 So. 2d 265 (Fla. 1998). · cites it 2× “(22) If the offender is found to be a member of a criminal street gang pursuant to section 874.04, Florida Statutes, at the time of the commission of the primary offense, the subtotal sentence points are multiplied by 1.”
A.K. v. State, 724 So. 2d 660 (Fla. 2d DCA 1999). · cites it 3× “See § 874.04, Fla. Stat. (Supp.1996). We hold that the State failed to prove that A.”
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). · cites it 2× “Other Provisions: Criminal Gang Activity ___ The felony conviction is for an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.”
S.P. v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995). · cites it 3× “Section 874.04, Florida Statutes (1993), enhances the penalty for any felony or violent misdemeanor if its commission is part of a pattern of youth and street gang activity.”
Rolon v. State, 745 So. 2d 442 (Fla. 5th DCA 1999). · cites it 4× “See § 874.04, Fla. Stat. (1997). After the instant appeal was filed and briefed, this court issued its opinion in O.”
Show all 32 citing cases →
874.04(1)(b): 1 case
State v. OC, 748 So. 2d 945 (Fla. 1999). “, a juvenile, was charged by an amended delinquency petition with attempted aggravated battery to cause great bodily harm, a third-degree felony, and battery, a misdemeanor.”
874.04(2)(a): 2 cases
State v. OC, 748 So. 2d 945 (Fla. 1999). “, a juvenile, was charged by an amended delinquency petition with attempted aggravated battery to cause great bodily harm, a third-degree felony, and battery, a misdemeanor.”
State v. O.C., 748 So. 2d 945 (Fla. 1999). “5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional.”
874.04(l)(b): 1 case
State v. O.C., 748 So. 2d 945 (Fla. 1999). “5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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