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
FSS 790.001
Firearm
Any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun
Does not include Antique Firearm, unless it is used in the commission of a crime
FSS 790.053
Open Carrying of Weapons
It is unlawful for any person to openly carry on or about his person any firearm or electronic weapon or device, unless licensed for concealed carry.
FSS 790.151
Using Firearm while under the influence
Misdemeanor
FSS 790.153
Tests for Impairment, right to refuse, weapon use
Can refuse, and can be submitted into evidence if refusal
FSS 790.155
Blood test for impairment in cases of death or serious bodily injury
Reasonable force can be used if to another
FSS 790.22
Use of BB Guns etc under 16 limitations, possession of firearms under 18 prohibited
Under 16 prohibited unless under supervision, misdemeanor for adult if adult knew
FSS 790.27
Alteration or Removal of firearm serial number
Felony
FSS 794.011
Sexual Battery
Off 18 or older Victim less than 12, capital F
Off less than 18 Vic less than 12, life
Vic 12 or older, life felony
FSS 794.021
Ignorance or belief as to victim’s age no defense
Ignorance nor misrepresentation of age of person’s age, no defense
FSS 794.027
Duty to report sexual battery
misdemeanor for failing to report, exceptions for relationships
FSS 794.05
Unlawful sexual activity with certain minors
A person 24 yoa or older who engages in sexual activity with a person 16 or 17, felony
FSS 800.04
Lewd or Lascivious Molestation
Off 18 V less than 12, life felony
Off less than 18 V less than 12 felony
Off 18 or older, V older 12 less than 16, felony
Off less 18, V older 12 less 16, felony
FSS 800.04
Lewd or Lascivious Exhibition
Masturbates, exposes, no physical contact, Vic less than 16
Off 18 or older felony
Off less 18, felony
FSS 806.13
Criminal Mischief
Damage or interruption of business $1,000 or greater, felony
One or more convictions for offense, felony
FSS 810.097
Trespass on School Grounds
Chief Administrator may detain for reasonable amount for the arrival of law enforcement
Officer may arrest on or off property with PC for trespass
FSS 810.0975
School Safety Zones
Any real property owned by or leased to any public or private elementary, middle, or high school etc
FSS 812.014
Theft
Felony 3rd
$300 to $5,000
$5,00 to $10,000
A will, or other testamentary instrument
A firearm
Any commercially farmed animal
Fire Extinguisher
2,000 or more citrus fruit
Taken from a designated construction site
Any stop sign
Anhydrous ammonia
After governor declares a state of emergency for the area
Two previous convictions for theft Felony
FSS 812.015
Retail and Farm Theft
The activation of an anti-shoplifting device, constitutes reasonable cause
LEO may arrest on or off premises w/o a warrant
Unlawful to possess anti-shoplifting countermeasures
Commits theft from more than on location within a 48 hour period
Acts in concert with others
Commits the offense through the purchase of merchandise in a package or box that contains merchandise other than, or in addition to the merchandise purported to be contained in the package
FELONY
FSS 812.017
Use of a fraudulently obtained or false reciept
Any person who requests a refund of merchandise, money, or any other thing of value fraudulently
Misdemeanor
FSS 812.0195
Dealing in stolen property by use of Internet
Less than $300, Misdemeanor
$300 or more, Felony
FSS 812.025
Charging theft and dealing in stolen property
Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trail, but the trier
FSS 812.13
Robbery
The taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear
FSS 812.131
Robbery by sudden snatching
The taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim of the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking.
FSS 812.133
Carjacking
The taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
FSS 812.135
Home invasion robber
Any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein
FSS 827.03
aggravated abuse, and neglect of a child
Agg Child Abuse occurs when a person, willfully tortures, maliciously punishes, or willfully and unlawfully cages a child or knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability or permanent disfigurement of the child
FSS 827.03
Child Abuse
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
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
FSS 827.03
Neglect of a Child
A caregiver’s failure or 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.
FSS 827.04
Contributing to the delinquency or dependency of a child
Age and Impregnates
A person 21 years of age or older who impregnates a child under 16 years of age - Child Abuse
FSS 827.071
Sexual performance by a child
Deviate Sexual Intercourse
Sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva
FSS 827.071
Sexual performance by a child
Sadomasochists Abuse
Flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself
FSS 827.071
Sexual performance by a child
Sexual Battery
Oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal vaginal penetration of another by any other object
FSS 827.071
Sexual performance of a child
Sexual Conduct
Actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals;l actual physical contact with the person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse of gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.
FSS 837.012
Perjury when not in an official proceding
False statement which he or she does not believe to be true, under oath,not in an official proceeding
Misdemeanor
FSS 837.02
Perjury in official proceedings
Whoever makes a false statement, which he or she doe not believe to be true, under oath in an official proceeding in regard to any material matter
Felony
FSS 837.05
False reports to law enforcement authorities
Whoever knowingly gives false information to any LEO concerning alleged commission of any crime
Misdemeanor
False Info concerning alleged capital felony
Felony
FSS 837.055
False information to law enforcement during investigation
Whoever knowingly and willfully gives false information to a LEO who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation
Misdemeanor
FSS 837.06
False official statements
Knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty
Misdemeanor
FSS 843.021
Unlawful possession of a concealed handcuff key
In custody, Concealed, carried by a person in manner that indicates an intent to prevent discovery by LEO In a pocket unconnected to a key ring Necklace Secured to a part of the body Compartment Felony
843.06
Neglect or refusal to aid peace officers
Whoever, being required in the name of the state by any officer, neglects or refuses to assist him in the execution of his office in a criminal case or in the preservation of peace, or apprehending any person
Misdemeanor
FSS 843.08
Falsely personating officer
A person who falsely assumes or pretends to be an LEO
Felony
FSS 843.167
Unlawful use of police communications
Enhanced penalties if used in the commission of another crime
FSS 843.19
Offenses against police dogs, police horses, etc
Causes great bodily harm, Felony
Intentionally touches- Misdemeanor
Maliciously harasses - Misdemeanor
FSS 856.022
Loitering or Prowling by certain offenders in close proximity to children
A person convicted of a sexual offense against a minor, 300 feet of a place where children congregate
Knowingly approach, communicate, child under 18 in a public park
FSS 870.01
Affrays and Riots
Affray, Misdemeanor
Riot, encouraging or inciting, Felony
FSS 870.02
Unlawful Assemblies
3 or more person meeting together to commit a breach of peace
Misdemeanor
FSS 870.03
Riots and Routs
Unlawfully assemble demolish any dwelling house or building, ship or vessel
Felony
FSS 870.043
Declaration of emergency
Sheriff or designated city official
FSS 870.044
Automatic emergency measures
sale and possession of firearm, prohibited
FSS 870.047
Duration and termination of emergency
72 consecutive hours
FSS 874.03
Criminal Gang
A formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups
FSS 874.03
Criminal Gang Associate and Criminal Gang Member
Admits to gang association Identified by parent or guardian Identified by reliable informant Adopts the style of dress of a criminal gang Adopts hand signs of criminal gang Tattoos of criminal gang Physical evidence Observed in the company of one or more known criminal gang members four or more times.
FSS 877.03
Breach of Peace; Disorderly Conduct
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct.
FSS 893.13
Unlawful to sell or deliver in excess of 10 grams of?
1. Acetyl-alpha-methylfentanyl.
2. Acetylmethadol.
3. Allylprodine.
4. Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
5. Alphamethadol.
6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).
7. Alpha-methylthiofentanyl.
8. Alphameprodine.
9. Benzethidine.
10. Benzylfentanyl.
11. Betacetylmethadol.
12. Beta-hydroxyfentanyl.
13. Beta-hydroxy-3-methylfentanyl.
14. Betameprodine.
15. Betamethadol.
16. Betaprodine.
17. Clonitazene.
18. Dextromoramide.
19. Diampromide.
20. Diethylthiambutene.
21. Difenoxin.
22. Dimenoxadol.
23. Dimepheptanol.
24. Dimethylthiambutene.
25. Dioxaphetyl butyrate.
26. Dipipanone.
27. Ethylmethylthiambutene.
28. Etonitazene.
29. Etoxeridine.
30. Flunitrazepam.
31. Furethidine.
32. Hydroxypethidine.
33. Ketobemidone.
34. Levomoramide.
35. Levophenacylmorphan.
36. 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
37. 3-Methylfentanyl (N-
[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide).
38. 3-Methylthiofentanyl.
39. Morpheridine.
40. Noracymethadol.
41. Norlevorphanol.
42. Normethadone.
43. Norpipanone.
44. Para-Fluorofentanyl.
45. Phenadoxone.
46. Phenampromide.
47. Phenomorphan.
48. Phenoperidine.
49. 1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
50. Piritramide.
51. Proheptazine.
52. Properidine.
53. Propiram.
54. Racemoramide.
55. Thenylfentanyl.
56. Thiofentanyl.
57. Tilidine.
58. Trimeperidine
- Acetorphine.
- Acetyldihydrocodeine.
- Benzylmorphine.
- Codeine methylbromide.
- Codeine-N-Oxide.
- Cyprenorphine.
- Desomorphine.
- Dihydromorphine.
- Drotebanol.
- Etorphine (except hydrochloride salt).
- Heroin.
- Hydromorphinol.
- Methyldesorphine.
- Methyldihydromorphine.
- Monoacetylmorphine.
- Morphine methylbromide.
- Morphine methylsulfonate.
- Morphine-N-Oxide.
- Myrophine.
- Nicocodine.
- Nicomorphine.
- Normorphine.
- Pholcodine.
- Thebacon
FSS 893.13
Prohibited distance and times, enhancement of selling
Within 1000 ft, sell/manufacture/deliver a controlled substance, child care facility/school, between 6 am and midnight,
OR
1000 ft of park/community center/public recreational facility/worship facility/public housing facility
OR
Structure or conveyance where any child under 16 yoa is present
FSS 893.135
Trafficking
25 lbs of cannabis 300 cannabis plants 28 grams of cocaine 4 grams of morphine, opium, oxydone, hydrocodone, or any salt, derivative, or salt, or mixture 200 grams of methaqualone 14 grams of amphetamine, methamphetamine 150 kilograms of GBL
FSS 893.147
Use, possession, manufacture etc of drug paraphernalia
Minors
Any person 18 and over, delivering drug paraphernalia under 18, FELONY
Hypodermic Syringes, needles unless medical doctor or parent for medical, MISDEMEANOR
FSS 901.15
Arrest without a warrant,
Felony 316 in fresh pursuit, fellow officer rule Violation of Injunction Dating or Domestic Violence Child Abuse Battery Criminal Mischief PC for violation of pretrial release Trespass in a secure area of airport Assault
FSS 901.16
Method of arrest by officer by a warrant
A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform the person, or when giving the information will imperil the arrest. The officer need not have the warrant in his or her possession at the time of arrest but no request of the person arrested shall show it to the person as soon as practical
FSS 901.17
Method of arrest by officer without warrant
A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer’s authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information will imperil arrest
FSS 901.19
Right of officer to break into building
1- If a peace officer fails to gain admittance after he or she has announced his or her authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be
2- Gambling houses
FSS 901.21
Search of person arrested
When a lawful arrest, search of the person and area within the person’s immediate presence
FSS 901.36
Prohibition against giving false name or false identification by person arrested or lawfully detained
Misdemeanor
