784. 041 1. A person commits what 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 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 person or by blocking the nose or mouth of the other person. 2. Charge degree?

1. Domestic battery by strangulation. 2. F3

784. 045 1. A person commits aggravated battery who, in committing battery, intentionally causes? 2. OR 3. Charge degree

1. Great bodily harm, permanent disability, permanent disfigurement. 2. Uses a deadly weapon. 3. F2

Criminal Florida State Statutes Flashcards by Kelly Vought

776.012
A person who uses or threatens to use deadly force to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony, does not have a duty to _____________ and has the right to _________ ______ __________ if the person using or threatening to use the deadly force is not engaged in?
1.
2.

retreat
stand his ground
1. Criminal activity.
2. In a place where he has a right to be.

How well did you know this?

Not at all

Perfectly

776.031
A person is justified in using or threatening to use deadly force only if he reasonably believes that such conduct is necessary to prevent the imminent commission of a _________ ___________.

Forcible felony.

How well did you know this?

Not at all

Perfectly

776.06

Force that is likely to cause death or great bodily harm?

Deadly force

How well did you know this?

Not at all

Perfectly

776.08

There are 16 forcible felony crimes. What are they?

Treason
Murder
Manslaughter
Sexual battery
Carjacking
Home-invasion robbery
Robbery
Burglary
Arson
Kid napping
Aggravated assault
Aggravated battery
Aggravated stalking
Aircraft piracy
Unlawful throwing, placing, or discharging of a destructive device or bomb
Any other felony which involves the use of or threat of physical force or violence against any individual.

How well did you know this?

Not at all

Perfectly

776.09
Whenever the state attorney or statewide prosecutor and court dismisses an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense that finding shall be documented in writing and retained?
In addition, it should be recorded on an order or memorandum and?

In the files of the state attorney or statewide prosecutor.
Retained in the courts records.

How well did you know this?

Not at all

Perfectly

011 & 784.021
Assault charge?
Aggravated assault charge?

2. F3

How well did you know this?

Not at all

Perfectly

03
Battery charge?
A person who has on prior conviction for battery, aggravated battery, or felony battery and who commits an second or subsequent battery commits what degree?

2. F3

How well did you know this?

Not at all

Perfectly

041
A person commits felony battery if he actually and intentionally touches or strikes another person against the will of the other and causes what?
What is the charge degree?

Great bodily harm, permanent disability, or permanent disfigurement.
F3

How well did you know this?

Not at all

Perfectly

041
A person commits what 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 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 person or by blocking the nose or mouth of the other person.
Charge degree?

Domestic battery by strangulation.

2. F3

How well did you know this?

Not at all

Perfectly

045
A person commits aggravated battery who, in committing battery, intentionally causes?
OR
Charge degree

Great bodily harm, permanent disability, permanent disfigurement.
Uses a deadly weapon.
F2

How well did you know this?

Not at all

Perfectly

784.046
“Repeat violence” means any two incidents of violence or stalking committed by the respondent, one of which must have been within ___________ of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

6 months

How well did you know this?

Not at all

Perfectly

784.046

“Sexual violence” means any one incident of:

Sexual battery.
Lewd or lascivious act on a person younger than 16 y/o.
Luring or enticing a child.
Sexual performance by a child.
Any other forcible felony wherein a sexual act is committed or attempted.

How well did you know this?

Not at all

Perfectly

784.046
___________ ___________ means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

Dating violence.

How well did you know this?

Not at all

Perfectly

784.046
Regarding “dating violence” the existence of such a relationship shall be determined based on the consideration of the what 3 factors?

Dating relationship must have existed within the past 6 months.
The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties.
The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

How well did you know this?

Not at all

Perfectly

784.046
With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must what if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child.

Have been a eyewitness to
Have direct physical evidence or affidavits from eyewitnesses
Have the specific facts and circumstances that form the basis upon which relief is sought.

How well did you know this?

Not at all

Perfectly

784.046
With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must what if the party against whom the protective injunction is sought is a person OTHER THAN a parent, stepparent, or legal guardian of the minor child.

-have reasonable cause to believe that the minor child is a victim of repeat sexual or dating violence to form the basis upon which relief is sought.

How well did you know this?

Not at all

Perfectly

784.046
When it appears to the court that an immediate and present danger of violence exists, the court may grant a ___________ ___________ which may be granted in an ________ __________ hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.

temporary injunction

- ex parte hearing

How well did you know this?

Not at all

Perfectly

784.046

Any ex parte temporary injunction shall be effective for a fixed period not to exceed _________.

15 days.

How well did you know this?

Not at all

Perfectly

784.046
Regarding the service of injunctions for protection against repeat violence, sexual violence, or dating violence, the petitioner may request notification of service. The automated notice shall be made within __________ after the injunction is served to the respondent.

12 hours

How well did you know this?

Not at all

Perfectly

784.047

What 3 things should be included in the narrative of a report involving domestic violence or dating violence?

Description of physical injuries observed, if any.
If an LEO decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.
A statement which indicated that a copy of the legal rights and remedies notice was given to the victim.

How well did you know this?

Not at all

Perfectly

784.046
A law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related reports, which excludes ________ __________ or other materials that are part of an active criminal investigation and are exempt, to the nearest locally certified domestic violence center within _________ after the agency’s receipt of the report.

Witness statements.

2. 24 hours.

How well did you know this?

Not at all

Perfectly

784.047
A person who willfully violates a condition of pretrial release when the original arrest was for an act of dating violence, commits a?
And shall be held in custody until when?

2. First appearance.

How well did you know this?

Not at all

Perfectly

047
Regarding violations of injunctions for protection against repeat violence, sexual violence, or dating violence, one violation is going to, or being within ________ feet of the petitioner’s residence, school, place of employment, or a specified place frequented by the petitioner and any named family or household member.
Another violation is knowingly and intentionally coming within ________ feet of the petitioners motor vehicle.

500 feet.

2. 100 feet.

How well did you know this?

Not at all

Perfectly

784.047

A person who violates a protective injunction, commits?

How well did you know this?

Not at all

Perfectly

784.047 A person who has two or more convictions for violation of an injunction and who subsequently commits a violation against the same victim, commits?

784. 048 1. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits what? 2. Child under 16 y/o?

1. M1 | 2. F3

784. 048 1. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person AND makes a credible threat to that person, commits what?

Aggravated stalking. | F3

784. 048 1. A person who after an injunction for protection is issued, willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits what?

784. 0487 1. Regarding an injunction for protection against stalking or cyber stalking, the office assisting the petitioner shall also forward a copy of the petitioners affidavit to the appropriate law enforcement agency for investigation. No later than _______ after receiving the initial report, the local law enforcement agency shall complete its investigation and forward a report to the state attorney. 2. The state attorney shall determine within ________ whether his office will file criminal charges or not.

1. 20 days. | 2. 30 working days.

784. 0487 1. A person who willfully violates an injunction for protection against stalking or cyberstalking, commits? 2. 2 or more prior convictions?

1. M1 | 2. F3

784.049 What means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an internet website without the depicted person's consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.

Sexual cyberharassment.

784. 049 1. A person who willfully and maliciously sexually cyber harasses another person commits? 2. Second of subsequent?

1. M1 | 2. F3

784.049 An aggrieved person may initiate a civil action against a person who violates the section related to sexual cyber harassment to obtain all appropriate relief in order to prevent or remedy a violation, including the following:

1. Injunctive relief. 2. Monetary damages to include $5000 or actual damages incurred as a result, whichever is greater. 3. Reasonable attorney fees and costs.

784.05 | Whoever, through culpable negligence, exposes another person to personal injury commits what degree?

784.05 | Whoever, through culpable negligence, inflicts actual personal injury commits what degree?

784.05 Whoever, through culpable negligence, by storing or leaving a loaded firearm within the reach or easy access of a minor and the minor obtains the firearm and uses it to inflict injury or death upon himself or another person commits?

784.05 Related to culpable negligence, when a minor child is accidentally shot by another family member, no arrest shall be made prior to __________ days after the date of the shooting.

784.062 Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at an LEO, engaged in the performance of his official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him commits a?

Non criminal violation

784. 062 1. Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a? 2. If during the course results in bodily injury commits a?

1. F3 | 2. F2

``` 784.07 A reclassification of charges are one level up when an Leo, firefighter, emergency medical care provider, public transit employee or agent, or other specified officers assaulted. 1. In case of assault. 2. In case of battery. 3. In case of aggravated assault. 4. In case of aggravated battery. ```

1. M1 2. F3 3. F2 4. F1

784. 07 1. Any person convicted of an aggravated assault on an LEO shall be sentenced to a minimum term of imprisonment of _________? 2. Aggravated battery?

1. 3 years. | 2. 5 years.

784.07 Any person who is convicted of a battery on an LEO, firefighter, etc, and during the commission is in possession of a firearm or destructive device, shall be sentenced to a minimum term of imprisonment of _________?

3 years

784.07 Any person who is convicted of a battery on an LEO, firefighter, etc, and during the commission is in possession of a semiautomatic firearm and its high-capacity detachable box magazine OR a machine gun, shall be sentenced to a minimum term of imprisonment of _________?

8 years

784.071 | What is the criteria for issuing a blue alert?

1. An LEO has been killed, has suffered serious bodily injury, or has bee assaulted with a deadly weapon OR 2. An LEO is missing while in the line of duty under circumstances evidencing concert for the LEO's safety and The suspect has fled the scene. The investigating agency determines that the suspect poses an imminent threat to the public or to other law enforcement officers. A detailed description of the suspects vehicle, or other means of escape, or the license plate of the suspect's vehicle is available for broadcasting.

784.074 Whenever a person is charged with committing an assault or battery or aggravated assault or battery upon a staff member of a sexually violent predators detention facility, the offense is reclassified one level higher. This also applies to staff members or persons employed by who?

Department of children and families.

784. 075 1. A person who commits a battery on a juvenile probation officer and other staff of a juvenile detention center commits a? 2. This also applies to who?

1. F3 | 2. Employees of the department of juvenile justice.

784.076 A juvenile who has been committed to or detained by the department of juvenile justice, and who commits battery upon a person who provides health service, commits?

784.078 It is unlawful for any person, while being detained in a facility and with the intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should have known to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material. Violation of this is?

784.08 A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to? 4 answers

1. Minimum term of imprisonment of 3 years. 2. Fine of not more than $10,000. 3. Restitution to the victim. 4. Perform up to 500 hours of community service work.

784.08 All charges related to assault/aggravated assault, battery/aggravated battery upon a person 65 years of age or older, the charge degree will be what?

One level higher.

784.08 All charges related to assault/aggravated assault, battery/aggravated battery upon a sports official, elected official/employee of a school district, private school, state university, an employee with DCF or with the department of health, the charge degree will be what?

One level higher

784.082 Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault/aggravated assault, battery/aggravated battery upon any visitor to the facility or upon any other detainee in the facility will be charged with what degree?

One level higher

784.083 Whenever a person is charged with committing an assault/aggravated assault, battery/aggravated battery on a code inspector, while he is engaged in the lawful performance of his duties, commits what degree?

One level higher.

784.085 It is unlawful for any person, except a child, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid of material. Charge degree for this?

790.06 | What state of Florida department issues licenses to carry concealed weapons or concealed firearms to persons qualified?

Department of agriculture and consumer services.

790.06 | Concealed weapons or concealed firearms are defined as:

``` Handguns Electronic weapon Tear gas gun Knife Billie ```

790.06 | A license to carry a concealed weapon or firearm shall be valid for a period of?

7 years

790.06 Any person found guilty of a crime related to controlled substances, shall not be eligible to obtain a CCW license unless the charge is ________ years or older.

790.06 It shall be presumed that an applicant chronically and habitually uses alcohol or other substances if they have __________ convictions within a _________ period immediately preceding the date on which the application is submitted.

2 or more. | 3

790.06 The department of agriculture and consumer services shall issue a CCW license if the applicant has not had adjudication of guilt withheld or imposition of sentence suspended for a FELONY unless __________ have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred.

3 years

790.06 The department of agriculture and consumer services shall issue a CCW license if the applicant has not had adjudication of guilt withheld or imposition of sentence suspended for a misdemeanor crime of domestic violence unless __________ have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred.

3 years

790.06 An LEO, a correctional officer, or a correctional probation officer is exempt from the required fees and background check for __________ after his retirement.

1 year.

790.06 Part of the application process of a CCW is to submit a full frontal view color photograph of the applicant taken within the preceding _____________, in which the head, including hair, measures ________ wide and _________ high.

30 days. 7/8 of an inch wide. 1 1/8 of an inch high.

790.06 The department of agriculture and consumer services shall, within ____________ after the receipt of the CCW application, either issue the license or deny the application.

90 days.

790.06 A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the U.S. And is certified as such by the foreign government and by the appropriate embassy in this country must be issued a CCW license within _________ after the date of the receipt of the completed application.

20 days.

790. 06 1. Regarding CCW licenses for consular security officials of foreign governments, what is the fee of the non refundable license? 2. How long is it valid for?

1. $300 | 2. 1 year.

790.06 Within _________ after the changing of a permanent address, or within ________ after having a license lost or destroyed, the licensee shall notify the department of agriculture and consumer services of such change. Failure to notify the department of the lost or destroyed license shall constitute a no criminal violation with a penalty of ________?

$25

790.06 A CCW licensee may obtain a duplicate license if it is lost or destroyed for a payment of _________. The licensee must furnish a what to the department of agriculture and consumer services?

$15 | Notarized statement that such license has been lost or destroyed.

790.06 Whenever the department of agriculture and consumer services suspends or revokes a CCW license, a request for a hearing must be filed with the department within _________ after the notice is received by personal delivery, or within __________ after the date the department deposits the notice in the U.S. Mail.

21 days. | 26 days.

When renewing a CCW license, who must submit another complete set of fingerprints and pay the fingerprint processing fee?

Out-of-state residents.

790.06 A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of _______. A license may not be renewed __________ or more after it's expiration date, and such a license is deemed to be permanently expired.

$15. | 180 days.

790.06 A CCW license issued to a service member does not expire while the service member is serving on military orders that have taken him over _____ miles from his residence and shall be extended for up to ________ after his return to such residence.

35. | 180 days.

790.06 A CCW license does not authorize any person to openly carry or carry a concealed weapon or firearm on any college or university facility unless the licensee is a registered _________, __________, __________, and the weapon is a?

Student, employee, faculty member. Stun gun Non lethal electric weapon Does not fire a dart/projectile.

790.07 Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of what degree?

790.07 Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of what degree?

790.07 Whoever, having previously been convicted and subsequent to such conviction, displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or carries a concealed firearm while committing or attempting to commit any felon or while under indictment is guilty of what degree?

790.15 Discharging a firearm in any public place or on the right of way of any paved public road, highway, or street, who knowingly discharges any firearm over the right of way of any paved public road, highway, or street or over any occupied premises or who recklessly or negligently discharges a firearm out doors on any property used primarily as the site of a dwelling or zoned exclusively for residential use commits a?

790.15 Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within _________ feet of any person commits what degree?

1000 feet. | F2

790.15 Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits what degree?

Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of _____ or more dwelling units per ______, commits what degree?

1 1 acre M1

790.1615 A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits what degree?

790.1615 A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits what degree?

790.19 Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the water of this state, or aircraft flying through the airspace of this state shall be guilty of what degree?

810.11 "Posted land" is that land upon which signs are placed not more than _________ feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than ________ inches in height, the words "no trespassing".

500 feet. | 2 inches.

810.011 1. Conspicuous no trespassing notice can be painted on trees or posts on the property, provided that the notice is painted in an international _________ color and displaying the stenciled words "no trespassing" in letters no less than _______ inches high and ______ inch wide either vertically or horizontally. Shall be placed so that the bottom of the painted notice is not less than _______ feet from the ground or more than ______ feet from the ground.

1. 2 inches. 1 inch. 2. 3 feet. 5 feet.

810.011 It shall not be necessary to give notice by posting on any enclosed land or place not exceeding _______ acres in area on which there is a dwelling house.

810.011 "Fenced land" is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least ______ feet in height.

810.02 For offenses committed on or before _______________, "burglary" means entering or remaining in a dwelling, a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

July 1, 2001

810.02 For offenses committed after ___________, "burglary" means entering a swelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or what 3 additions?

July 1, 2001 1. Remaining in a dwelling, structure, or conveyance with the intent to commit an offense therein. 2. After permission to remain therein has been withdrawn, with the intent to commit an offense therein. 3. To commit or attempt to commit a forcible felony.

810.02 Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment, if in the court of committing the offense, the offender? 3

1. Make an assault or battery upon any person, OR 2. Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon, OR 3. Enters an occupied or unoccupied dwelling or structure and uses a motor vehicle as an instrumentality to enter or causes damage in excess of $1000.

810. 02 1. If during the course of a burglary, there is another person in the dwelling, structure, or conveyance, it becomes what degree? 2. In this instance, what two other ways will make it the same degree?

1. F2 2. -burglary to an authorized emergency vehicle (unoccupied). - burglary of a structure or conveyance with the intent to commit theft of a controlled substance.

810.02 If the burglary (whether F3 or F2) is committed within a county that is subject to a state of emergency declared by the Governor and the perpetration of the burglary is facilitated by conditions arising from the emergency, the offense degree is?

Ranked one degree higher.

810.02 | "Conditions arising from the emergency" means?

``` Civil unrest Power outages Curfews Voluntary or mandatory evacuations Reduction of response time for first responders ```

810.06 Whoever has in his possession any tool, machine, implement with the intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be charged with "possession of burglary tools" which is what degree?

810.061 A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits what degree?

810. 08 1. Trespassing in a structure or conveyance is what degree? 2. If the structure or conveyance is occupied what degree? 3. If the offender is armed or becomes armed with any firearm or dangerous weapon what degree?

1. M2 2. M1 3. F3

810.09 "________ _________" means the unenclosed land or ground, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary convenient, and habitually used in connection with that dwelling.

Unenclosed curtilage.

810.09 If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense therein, other than the offense of trespass, commits the offense of? Charge degree?

Trespass on property other than a structure or conveyance. | M1.

810.09 Charge degree of an offender who defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person?

810.09 Charge degree for an offender who willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom OR unlawfully dumps litter on the property?

810.09 Charge degree of an offender who is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property?

810.09 | Charge degree for an offender who trespasses on a construction site?

810.09 The charge degree is F3 for trespassing on a construction site if the site is greater than ________, and is legally posted and identified.

1 acre.

810.09 A construction site that is _______, the signs that contain letters not less than ________ inches in height, shall be place at the location on the property where?

1 acre or less. 2 inches. Where the permits for construction are located.

810.09 For construction sites of _______ or less, it shall not be necessary to give notice by posting around the property, but shall be posted where the permits for construction are located.

1 acre.

810.09 | What other sites other than construction sites is it a F3 to trespass on as long as the property is legally posted? 4

1. Commercial horticulture property. 2. Agricultural site for testing or research purposes. 3. Domestic violence center. 4. Agricultural chemicals manufacturing facility.

810.09 Any person who in taking or attempting to take any animal or in killing, attempting to kill, or endangering any animal by knowingly propelling or causing to be propelled any potentially lethal projectile over or across private land commits what degree?

810.09 | As it relates to trespassing, the term "potentially lethal projectile" refers to what? 3

1. Firearm. 2. Bow. 3. Cross bow

810.095 Any person who is trespassing upon school property and who brings onto, or possess on school property any weapon or firearm, commits what degree?

810.097 Any person who does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property OR is a student currently under _______ or ________, commits what degree?

1. Suspension 2. Expulsion 3. M2

810.097 Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his designee, has directed such person to leave or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of what degree?

810.097 Any LEO may arrest either on or off the premises and ________ __________ any person the officer has _______ _________ for believing has committed the offense of trespass upon the grounds of a school facility.

1. Without warrant | 2. Probable cause

810.0975 "School safety zone" means in, on, or within _______ feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for education.

500

810.0975 During the period from _______ prior to the start of a school session until _________ after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have a legitimate reason. Charge degree?

1 hour prior. 1 hour after the conclusion. M2.

810.0975 A person who violates trespassing in a school safety zone and who has been previously convicted of any offense related to a gang related crime, commits what degree?

810.0975 | What are two ways that someone is not trespassing in a school safety zone?

1. Anyone taking part in a peaceably assemble and protest. | 2. Anyone engaged in the operation of a licensed commercial business.

810.10 It is unlawful for any person to willfully remove, destroy, mutilate, or commit any act designed to remove, mutilate, or reduce the legibility of effectiveness of any posted notice placed by the owner, tenant, lessee, or occupant of legally enclosed or legally posted land. Violation is what degree?

810.11 All persons are prohibited from placing, posting, or erecting signs upon land or upon trees upon land adjacent to or adjoining all ________ _________ of the state, without written consent of the owner of such land, or the written consent of the attorney or agent of such owner. Violation is what degree?

Public highways. | M2

810.115 Whoever willfully and maliciously breaks, mars, injures, defaces, cuts, or otherwise creates or causes to be created an opening, gap, interruption, or break in any fence, belonging to or enclosing land not his or her own commits what degree?

810.13 Vandalism of a cave to include removing, defacing, or tampering with any cave life and polluting or littering in a cave is what charge degree?

810.14 A person commits the offense of voyeurism when he, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. A violation of this is what degree charge? Person who has a previous conviction or adjudicated delinquent two or more times?

M1. | F3.

810.145 | A person commits the offense of commercial video voyeurism dissemination if that person?

Commits the offense of video voyeurism and then sells the image for consideration to another persons or transfer the image to another persons to be sold.

810. 145 1. A person who is under the age of 19 and who violates any section related to video voyeurism commits what degree? 2. 19 years of age or older? 3. Previously convicted or adjudicated delinquent?

1. M1. 2. F3. 3. F2.

810.145 Not including someone who has a previous conviction related to video voyeurism, what other 3 ways will be a charge degree of a F2?

1. 18 years or older who is responsible for the welfare of a child younger then 16 and who commits video voyeurism against a child. 2. 18 years or older who is employed at a private school or public school, a voluntary prekindergarten education program and who commits video voyeurism against a student of the school. 3. 24 years of age or older who commits video voyeurism agains a child younger than 16.

827.03 "______________________" occurs when a person willfully tortures, maliciously punishes, or willfully and unlawfully cages a child OR knowing or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child. Charge degree?

Aggravated child abuse. | F1

827.03 "____________________" means the intentional infliction of physical or mental injury upon a child, an intentional act that could reasonably be expected to result in physical or mental injury to a child OR active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. Charge degree?

Child abuse | F2

827.03 "________________" means a caregivers failure to omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child OR a caregivers failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. What charge degree if child suffers great bodily harm, permanent disability, or permanent disfigurement? What charge degree if child does not suffer great bodily harm, permanent disability, or permanent disfigurement?

Child neglect F2 F3

827.04 Under the statute related to contributing to the delinquency or dependency of a child, a person 21 years of age older who impregnated a child under 16 years of age commits what degree?

827.04 Any person who commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services OR induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services, commits what charge? What degree?

Contributing to the delinquency of a minor. | M1

843.01 Whoever knowingly and willfully resists, obstructs, or opposes any officer, member of the Florida commission on offender review or any administrative aide or supervisor employed by the commission, parole and probation supervisor, county probation officer, personnel or representative of FDLE, or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of what charge? What degree?

Resisting an officer with violence to his or her persons. | F3

843.02 Whoever knowingly and willfully resists, obstructs, or opposes any officer, member of the Florida commission on offender review or any administrative aide or supervisor employed by the commission, parole and probation supervisor, county probation officer, personnel or representative of FDLE, or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of such officer or legally authorized person, is guilty of what charge? What degree?

Resisting an officer without violence to his or her persons. | M1

843.025 It is unlawful for any person to deprive an LEO, a correctional officer, or a correctional probation officer, of his weapon or radio or to otherwise deprive the officer of the means to defend himself or summon for assistance is what charge? Degree?

Depriving an officer of means of protection or communication. F3

843.03 Whoever in any manner disguises himself with the intent to obstruct the due execution of the law, or with the intent to intimidate, hinder, or interrupt any officer, beverage enforcement agent, or other persons in the legal performance of his duty or exercise of his rights under the constitution of laws of this state, whether such intent is effected or not, shall be guilty of what charge? Degree?

Obstruction by a disguised person. | M1

843.06 Whoever, being required in the name of the state by any officer of the FHP, police officer beverage enforcement agent, or watchman, neglects or refuses to assist him in the execution of his office in a criminal case, or in the preservation of peace, or the apprehending or securing of any person for a breach of peace, or in case of the rescue or escape of a person arrested upon civil process, shall be guilty of what charge? Degree?

Neglect or refusal to aid a peace officer. | M2

843. 08 1. A person who falsely assumes or pretends to be a firefighter, sheriff, officer of the FHP, officer of the FWC, fire or arson investigator of the department of financial services, officer of the department of financial services, officer of the DOC, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman (security officer), or any member of the Florida commission of offender review and any administrative aide or supervisor employed by the commission, or any personnel or representative of FDLE, or a federal LEO and takes upon himself or herself to act as such, or to require any other person to aid or assist home in a matter pertaining to the duty of any such officer commits what charge and degree? 2. During the commission of a felony charge degree? 3. If the commission of the felony causes death or personal injury charge degree?

1. False personation. F3 2. F2 3. F1

843.081 It is unlawful for a person to use in or on any nongovernmentally owned vehicle or vessel any flashing or rotating blue light, whether or not such light is actually in use, unless such person is an LEO employed by a federal, state, county, or its law enforcement agency or is a person appointed by the governor. Charge degree?

843.081 | Regarding prohibited use of certain lights statute, who shall this not apply to, besides LEO's?

Salespersons or representatives of businesses licensed to sell or repair law enforcement equipment.

843.085 It is unlawful for any person to wear or display a police or fire department badge, insignia, emblem, ID card, or uniform OR to own or operate any motor vehicle marked or identified in any manner as a police or fire department vehicle, with the intent to mislead or cause another person to believe that he is a member of this agency. A violation is what charge degree?

843.085 It is unlawful for a person to sell, transfer, or give away a police or fire department badge with the intent to mislead unless they agency purchases. A transferor of any badge or item covered in this statute is required to maintain written records of such transaction for how long?

2 years.

843.17 Any person who shall maliciously, with intent to obstruct the due execution of the law or with the intent to intimidate, hinder, or interrupt any LEO in the legal performance of his duties, publish or disseminate the residence address or telephone number of any LEO while designating the officer as such, without authorization of the agency which employs the officer, shall be guilty of what degree?

843.19 Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police dog, fire dog, SAR dog, or police horse commits what degree?

843.19 Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police dog, fire dog, SAR dog, or police horse commits what degree?

843.19 Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police dog, fire dog, SAR dog, or police horse while the animal is in the performance of its duties commits what degree?

843.23 An "electronic monitoring device" is any device that is used to track the location of a person. It is unlawful for a person to intentionally and without authority to remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device that must be worn or used by that person or another person pursuant to a court order. A violation of this is what degree?

856.011 No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. A violation of this is what degree?

856.011 Regarding disorderly intoxication, any person who shall have been convicted or have forfeited collateral _________ times in the preceding _________ months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than ________ days.

3 times. 12 months. 60 days.

856. 015 1. A person having control of any residence may not allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed a the residence by any minor where the person knows that an alcoholic beverage or drug is in possession of or being consumed by a minor at the residence and where the person fails to take reasonable steps to prevent the possession or consumption. A violation of this is what degree? 2. If during this violation, it causes or contributes to causing serious bodily injury or death of a minor, or if the minor causes or contributes to causing serious bodily injury or death to another as a result of the minor's consumption of alcohol or drugs at the open house party, what degree?

1. M2 | 2. M1

856.021 It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. A violation of this is what degree?

856.021 Regarding loitering and/or prowling, what 3 circumstances which may be considered in determining whether such alarm or immediate concern is warranted?

1. Person takes flight upon appearance of an LEO. 2. Person refuses to identify himself. 3. Person endeavors to conceal himself or any object.

856.022 A person who has been convicted of a crime related to luring/enticing a child, sexual battery, prostitution, lewd/lascivious act, child or elderly abuse/neglect, obscenity, or C.P. AND who knowingly approaches, contact, or communicates with a child under 18 in any public park building or on real property comprising any public park or playground with he intent to engage in conduct of a sexual nature or to make a communication of any type with any content of a sexual nature, commits what degree?

856.022 Loitering and prowling by a person convicted of a sexual offense against a minor if, in committing loitering and prowling, he was within __________ feet of a place where children were congregating, the charge is loitering or prowling by certain offenders in close proximity to children.

300 feet.

856.022 It is unlawful for a person who has been convicted of a crime related to luring/enticing a child, sexual battery, prostitution, lewd/lascivious act, child or elderly abuse/neglect, obscenity, or C.P. To knowingly be present in a child care facility or school containing any students in prekindergarten through grade 12 or on real property comprising any child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation. A violation of this is what degree?

856.022 Related to a person who has been convicted of a crime related to luring/enticing a child, sexual battery, prostitution, lewd/lascivious act, child or elderly abuse/neglect, obscenity, or C.P. of any type with any content of a sexual nature, and needs to be present in any child care facility or school where children are present, can do so as long as what 3 steps are taken?

1. Provide written notification of his intent to be present to the school board, superintendent, principle, or child care facility owner. 2. Notify the child care facility owner or school principals office when he arrives and departs the facility. 3. Remain under constant direct supervision.

856.022 Two reasons a person is not in violation regarding loitering or prowling by certain offenders in close proximity to children?

1. The child care facility or school is a voting location and the person is present for the purpose of voting during the hours designated for voting. 2. The person is only dropping off or picking up his own children/grandchildren at the child care facility or school.

856.04 Any man or women who shall in this state desert his/her wife/husband and children, or either of them, or his/her wife/husband where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, as long as there are not grounds for dissolution of marriage, is guilty of what degree?

870.01 | All persons guilty of an affray (public fight or brawl) shall be guilty of what charge degree?

870.01 | All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of what charge degree?

870.02 If _______ or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each them shall be guilty of what charge? Charge degree?

1. 3 2. Unlawful assembly 3. M2

870.03 If any persons unlawfully assembled demolish, pull down or destroy, or begin to demolish, pull down or destroy, an dwelling house or other building, or any ship or vessel, each of them shall be guilty of what charge degree?

901.151 What law states that whenever any LEO of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the persons presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.

Stop and frisk law.

901.151 Whenever any LEO authorized to detain temporarily any person under the provision of the Stop and Frisk Law, has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any other evidence of a criminal offense, what may the officer do with the weapon or evidence?

Seize it.

901.19 When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall ________ and ________ the subject to the discretion of the court, to be used as evidence, and afterwards they shall be __________ _________ in the presence of witnesses under order of the court to that effect.

Seize and hold. | Publicly destroyed.

901.21 When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for the purpose of? 3

1. To protect the officer from attack. 2. To prevent the person from escaping. 3. To discover the fruits of a crime.

901.21 A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person's immediate control, the seizure of which is reasonably necessary for the purpose of what three reasons?

1. To protect the officer from attack. 2. To prevent the escape of the arrested person. 3. To assure lawful custody of the fruits of a crime or of the articles used in the commission of a crime.

901. 36 1. It is unlawful for a person who has been arrested or lawfully detained by an LEO to give a false name, or otherwise falsely identify himself in any way, to the LEO or any county jail personnel. A violation of this is what charge degree? 2. If in doing so results in another person being adversely affected by the unlawful use of his name or other identification, the violation charge degree is what?

1. M1 | 2. F3

901.43 A person whose arrest booking photograph is published or otherwise disseminated may make a request, in writing, for the removal of an arrest booking photograph to the registered agent of the person or entity who published the photograph. Within ______ days of receipt of the written request for removal of the arrest booking photograph, the person or entity who published the photograph shall remove it without charge.

901.43 The person whose arrest booking photograph was published or otherwise disseminated in the publication or electronic medium may bring a civil action if the photograph is not removed within _______ calendar days after the receipt of the written request for removal. The court may impose a civil penalty of __________ per day for noncompliance.

10. | $ 1000

Criminal Florida State Statutes Flashcards

(168 cards)