790.151 - 165 Flashcards
to _____ means to discharge a firearm or to have a firearm readily accessible for immediate discharge
“use a firearm”
“readily accessible for immediate discharge” means _____ and _____.
loaded and in a person’s hand
It is unlawful and punishable as a _____ for any person who is under the influence of alcoholic beverages, any chemical substance or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
misdemeanor of the second degree
Any person who uses a firearm within this state shall submit to _____ or _____ to determine the alcoholic content of the blood and to a _____ to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed while he or she was using a firearm while under the influence of alcoholic beverages or controlled substances.
an approved chemical or physical breath test
urine test
The refusal to submit to a chemical or physical breath or urine test upon the request of a law enforcement officer as provided in this section shall be _____ in any criminal proceeding.
admissible into evidence
What if the arresting officer does not request the tests and the defendant does?
they will be administered
The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance _____ as evidence in a criminal prosecution for the possession of a controlled substance.
shall not be admissible
if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has _____ or _____, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein
caused the death or serious bodily injury of a human being
The law enforcement officer may use _____ if necessary to require such person to submit to the administration of the blood test
reasonable force
The term _____ means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
“serious bodily injury”
The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the _____
possession of a controlled substance
It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use _____ in this state.
a firearm
If there was at that time _____ percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
0.05
If there was at that time in excess of _____ but less than _____ by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
0.05 percent0.10 percent
If there was at that time _____ or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired
0.10 percent
The percent by weight of alcohol in the blood shall be based upon grams of alcohol per _____ of blood.
100 milliliters
The discharge of such machine gun in, upon, or across such public street; in, upon, or across such public park; or in, upon, or across such public place, whether indoors or outdoors, including all theaters and athletic stadiums, with intent to do bodily harm to any person or with intent to do damage to property not resulting in the death of another person shall be a _____
felony of the first degree
Discharging machine guns: a sentence not exceeding _____ is specifically authorized when great bodily harm to another or serious disruption of governmental operations results
life imprisonment
A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device commits a _____
felony of the third degree
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a _______
felony of the second degree
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do If the act results in bodily harm to another person or in property damage, commits a ______
felony of the first degree
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do if the act results in the death of another person, commits a ______
capital felony
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 a _____
misdemeanor of the first degree
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 a ______
felony of the second degree
It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a ______
felony of the second degree
It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction or concerning the use of firearms in a violent manner against a person or persons. A person who violates this subsection commits a _______
felony of the second degree
False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner: person convicted of a violation of this section may be required by the court to ______ for all of the costs and damages arising from the criminal conduct.
pay restitution
False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner: Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be _____, ____ or _____
suspended, deferred, or withheld.
It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, concerning any act of arson or other violence to property owned by the state or any political subdivision, or concerning the use of firearms in a violent manner against a person or persons. A person who violates this subsection commits a _____
felony of the second degree
False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner: There shall be a _____reward for the giving of information to any law enforcement agency in the state, which information leads to the arrest and conviction of any person violating the provisions of this section
$5,000
_____ means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented
“hoax bomb”
Any person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax bomb commits a _____
felony of the second degree
Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax bomb commits a ______
felony of the second degree
