Battery, Stalkings, Sexual Battery, kidnapping, and other crimes against the Person

Question 1

What are the 3 elements of an assault in Florida?

Answer 1

1. A THREAT to commit violence,
2. An apparent ABILITY to do so, and
3. An act that creates a REASONABLE FEAR OF VIOLENCE

Question 2

What distinguishes Florida Battery from Common Law Battery?

Answer 2

In Florida, battery includes ANY intentional TOUCHING or STRIKING WITHOUT CONSENT. Unlike the Common Law, bodily harm is not required.

Question 3

What other types of battery crimes are available in Florida?

Answer 3

1. FELONY BATTERY: Substantial INJURY results from the touching or striking
2. DOMESTIC BATTERY: Victim is a family member or household member or in a dating relationship. It also requires STRANGULATION.
3. AGGRAVATED BATTERY: Includes the use of a DEADLY WEAPON, or battery on a PREGNANT WOMAN, or intentionally or knowingly causing great bodily harm

Question 4

Felony Battery

Answer 4

Substantial INJURY resulting from the touching or striking

Question 5

Domestic Battery

Answer 5

Victim is a family member or household member or in a dating relationship. It also requires strangulation.

Question 6

Aggravated Battery

Answer 6

1. Includes the use of a DEADLY WEAPON, or
2. A battery on a PREGNANT WOMAN, or
3. Intentionally or knowingly causing GREAT BODILY HARM

Question 7

What additional elements are required for a kidnapping and in Florida?

Answer 7

Kidnapping requires more than just the forcible abduction of a person. In Florida, kidnapping requires the additional intent to:

1. Demand a RANSOM, or
2. Commit an additional FELONY, or
3. Inflict BODILY HARM or TERRORIZE, or
4. Interfere with a GOVERNMENTAL FUNCTION

Question 8

False Imprisonment in Florida

Answer 8

It is a lesser-included crime of kidnapping which requires FORCIBLE ABDUCTION but does not require the additional intent required for kidnapping (ransom, additional felony, bodily harm, terrorize, or interference with a government function)

Question 9

In Florida, _________________aggravated stalking is a _____________ that involves _____________ and a credible threat of death or bodily injury.

Answer 9

Third-degree; felony; willfully, maliciously, and repeatedly following or harassing