Chapter 784 Section 086 - 2023 Florida Statutes

2023 Florida Statutes

< Back to Statute Search

Title XLVI CRIMES

Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

SECTION 086Reproductive battery.

784.086 Reproductive battery.—

(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.

(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.

History.—s. 6, ch. 2020-31.