784 ASSAULT BATTERY CULP NEG Flashcards

1
Q

is an 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 in such other person that such violence is imminent.

A

Assault / M2

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2
Q

is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.

A

AGG ASSAULT / F3

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3
Q

The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.

A

BATTERY / M1
PRIOR CONVICTION F3

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4
Q

if he or she knowingly and intentionally, against the will of another person, impedes the normal breathing or circulation of the blood of that person 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. This subsection does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

A

BATT BY STRANGULATION / F3 SAME CHARGE IF DOMESTIC AS WELL

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5
Q

in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

A

AGG BATT / F2

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6
Q

means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

A

REPEAT VIOLENCE

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7
Q

as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;

A

A lewd or lascivious act

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8
Q

What charge is violation of injunction -
Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner; Committing an act of stalking against the petitioner;
3. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
4. Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
5. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
6. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
7. Refusing to surrender firearms or ammunition if ordered to do so by the court,

A

M1

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9
Q

person who willfully and maliciously sexually cyberharasses another person commits a?

A

M1
PRIOR CONVICTION F3

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10
Q

A person may not willfully and maliciously harass or intimidate another person based on the person’s wearing or displaying of any indicia relating to any religious or ethnic heritage.
(3) A person who violates subsection (2) commits a

A

M1
IF YOU MAKE A CREDIBLE THREAT F3

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11
Q

MOB INTIMIDATION
It is unlawful for a person, assembled with TWO or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will.

A

M1

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12
Q

CULPABLE NEGLIGENCE
Whoever, through culpable negligence, exposes another person to personal injury commits a

A

M2

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13
Q

CULPABLE NEGLIGENCE
Whoever, through culpable negligence, inflicts actual personal injury on another commits a

A

M1

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14
Q

CULPABLE NEG - Whoever violates subsection (1) by storing or leaving a loaded firearm within the 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, commits a

A

F3

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15
Q

When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to ___days after the date of the shooting.

A

7 DAYS

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16
Q

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

A

NON CRIMINAL VIOLATION

17
Q

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

18
Q

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 and such act results in bodily injury commits a

19
Q

784.07 Assault or battery of law enforcement officers and other specified personnel; reclassification of offenses; minimum sentences. What are the charges?

A

Assault M1
Battery F3
Agg Assault F3
Agg Battery F2

20
Q

At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a blue alert if all of the following conditions are met:
(a)1. A law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon; or
2. A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the law enforcement officer’s safety;
(b) The suspect has fled the scene of the offense;
(c) The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers;
(d) A detailed description of the suspect’s vehicle, or other means of escape, or the license plate of the suspect’s vehicle is available for broadcasting;
(e) Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect; and
(f) If the law enforcement officer is missing, there is sufficient information available relating to the officer’s last known location and physical description, and the description of any vehicle involved, including the license plate number or other identifying information, to be broadcast to the public and other law enforcement agencies, which could assist in locating the missing law enforcement officer.
(2)(a) The blue alert shall be immediately disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and the dynamic message signs that are located along the state’s highways.
(b) If a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign in lieu of the blue alert information, the agency responsible for displaying information on the highway message sign is not in violation of this section.

A

What is a blue alert for $500

21
Q

Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

A

ASSAULT M1
BATTERY F3
AGG ASSAULT F2
AGG BATTERY F1

22
Q

A person who commits a battery on a juvenile probation officer, as defined in s. 984.03 or s. 985.03, on other staff of a detention center or facility as defined in s. 984.03(19) or s. 985.03, or on a staff member of a commitment facility as defined in s. 985.03, commits a

23
Q

A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a

24
Q

It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know 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 commits a

25
Q

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 a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:

A

ASSAULT M1
BATTERY F3
AGG ASSAULT F2
AGG BATTERY F1

26
Q

Assault or battery on specified officials or employees; reclassification of offenses.—
(1) For purposes of this section, the term “sports official” means 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.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and the Blind; a university lab school; a state university or any other entity of the state system of public education, as defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and Families; an employee of a lead community-based provider and its direct service contract providers; or an employee of the Department of Health or its direct service contract providers, when the person committing the offense knows or has reason to know the identity or position or employment of the victim, the offense for which the person is charged commits a

A

ASSAULT M1
BATTERY F3
AGG ASSAULT F2
AGG BATTERY F1

27
Q

Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses.—Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee in the detention facility, the offense for which the person is charged commits a -

A

ASSAULT M1
BATTERY F3
AGG ASSAULT F2
AGG BATTERY F1

28
Q

Assault or battery on a code inspector

A

ASSAULT M1
BATTERY F3
AGG ASSAULT F2
AGG BATTERY F1

29
Q

It is unlawful for any person, except a child as defined in this section, 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 or material.
(2) Any person, except a child as defined in this section, who violates this section commits

A

Battery of a child - F3

30
Q

Reproductive battery
A health care practitioner may not intentionally transfer into the body of a recipient human reproductive material or implant a human embryo of a donor, knowing the recipient has not consented to the use of the human reproductive material or human embryo from that donor.
(a) A health care practitioner who violates this section commits reproductive battery commits a -

A

F3

A health care practitioner who violates this section and who is the donor of the reproductive material commits a felony of the second degree,