2015 State Statute Flashcards
FSS 322.212
Unauthorized Possession of DL/ID
Sexual Predator
Unlawful for a sexual predator/offender to not have markings of such
3rd degree felony
FSS 322.212
Unauthorized Possession of DL/ID
Age alteration
Possessing DL/ID with altered DOB
2nd degree misdemeanor
FSS 741.29
DV, investigation of incidents
Whether or not an arrest is made, the officer shall make a written report, explaining DV
FSS 741.29
DV, notifcation
Within 24 hours send reports to nearest DV center
FSS 741.315
Recognition of foreign protection orders
Neither residence in this stated nor registration of foreign injunctions for protection shall be required for enforcement of this order by this state and failure to register the foreign order shall not be an impediment to its enforcement
FSS 775.21
Sexual Predators Act
Reporting
A sexual predator must report each year during the month o the sexual predator’s birthday and during every third month thereafter to the sheriff’s office in the county in which he resides or is otherwise located to register
FSS 776.013
Home protection, use of deadly force
The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle
FSS 776.031
Use of force in defense of others
A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect
FSS 777.011
Principal in first degree
Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree
FSS 777.03
Accessory after the fact
General Definiation
Non family member, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was was a 3rd degree felony or had been an accessory thereto before the fact with the intent that the offender avoids or escapes detection, arrest, trial or punishment, is an accessory after the fact
FSS 777.03
Accessory after the fact
Reference to crimes against children
Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other air, knowing that the offender had committed the offense of child abuse, neglect of a child, agg child abuse, aff manslaughter of a child under 18, murder of a child under 18, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detention, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of DV
FSS 777.03
Accessory after the fact
Capital Offense
any capital offense, accessory after the fact is a 1st degree felony
FSS 777.04
Attempts, solicitations and conspiracy
Criminal Attempt
A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt
FSS 777.04
Attempts, solicitations and conspiracy
Criminal Attempt, Child Sex Crimes
Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in a offense prohibited by law
FSS 777.04
Attempts, solicitations and conspiracy
Criminal Solicitation
A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits criminal solicitation
FSS 777.04
Attempts, solicitations and conspiracy
Criminal Conspiracy
A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy
FSS 777.201
Entrapment
a person engaged with cooperation with a LEO, or agent of LEO, perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods or persuasion or inducement which create a substantial risk that such crime will be committed by person other than one who is ready to commit it
FSS 782.02
Justifiable use of deadly force
The use of deadly force is justifiable when a person is resisting an attempt to murder such person or to commit any felony upon him or her or in any dwelling house in which such person shall be
FSS 782.03
Excusable homicide
Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without an dangerous weapon being used and not done in a cruel or unusual manner
FSS 782.035
Abrogation of common law rule
“Year and a day Rule”
Homicide, injury to death, year and a day does not apply in Florida
FSS 782.051
Attempted Felony Murder
Any person who perpetrates or attempts to any felony…..and commits, aids, or abets an intentional act that an essential element of the felony and that could, but does not, cause the death of another
FSS 782.07
Manslaughter
Act of culpable negligence
FSS 782.071
Vehicular Homicide
The killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to
Does not require that the person knew that the accident resulted in injury or death
FSS 784.011
Assault
Intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well founded fear is such other person that such violence is imminent
FSS 784.021
Aggravated Assault
Assault with a deadly weapon without intent to kill, or with intent to commit a felony
FSS 784.03
Battery; felony battery
Actually or
Intentionally touches or strikes another person against the will of the other or Intentionally causes bodily harm to another person
One prior conviction for battery, agg battery, felony battery
FSS 784.045
Aggravated Battery
Battery with intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement
Uses a deadly weapon
FSS 784.041
Felony battery; domestic battery by strangulation
Impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she 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 other person or by blocking the nose or mouth of the other person.
FSS 784.048
Stalking
Harass
Engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose
FSS 784.048
Stalking
Course of Conduct
A pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.
FSS 784.048
Stalking
Credible Threat
Verbal or non verbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution
FSS 784.048
Stalking
Cyperstalk
Engage in s course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose
FSS 784.05
Culpable Negligence
Firearm Storage
Whoever violates by storing or leaving a loaded firearm within reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, felony 3rd degree
784.062
Misuse of laser lighting devices
- At a LEO in performance of of official duties in such a manner to believe a firearm is pointed at him, non criminal violation
- At a motor vehicle, vessel or aircraft, felony
FSS 784.081
Assault or Battery on specified officials or employees
Sports officials
Any person who serves as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or is a member of a local, state, regional, or national organization that is engaged in part in providing education and training to sports officials
FSS 787.06
Human Trafficking
Transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person
FSS 787.07
Human Smuggling
A person who transports into this state an individual who the person knows, or should have known, is illegally entering the United States form another country
FSS 790.001
Antique Firearm
Any firearm manufactured in or before 1918, or replica
Any firearm with ammunition manufactured before `1918
FSS 790.001
Concealed Firearm
Any firearm carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person
FSS 790.001
Concealed Weapon
Any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person
FSS 790.001
Tear Gas Gun or Chemical Weapon or Device
Any weapon or such nature, except a device known as a “self defense chemical spray” “Self defense chemical spray carries no more than 2 ounces of chemical