Crimes against a person

Question 1

Felony battery

Answer 1

Actually and intentionally causes great bodily harm, permanent disability, or permanent disfigurement

Question 2

Domestic battery by strangulation

Answer 2

Knowing and intentionally impeding the breath or circulation of a family member, household member, or person in a dating relationship, against the individual’s will

Question 3

Aggravated battery

Answer 3

Intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement; use of a deadly weapon; or battery on a pregnant woman

Question 4

Assault

Answer 4

In Florida, an assault is an intentional unlawful threat (words or actions) to commit violence upon another, coupled with an apparent ability to do so, and performing an act that creates a well-founded fear that violence is imminent.

Question 5

Displaying a firearm

Answer 5

In certain situations, a person licensed to carry a concealed weapon may briefly display a firearm as long as the firearm is not intentionally displayed in an angry or threatening manner.

Question 6

Aggravated assault

Answer 6

Florida recognizes the crime of aggravated assault if a person commits an assault with a deadly weapon without the intent to kill or commit a felony.

Question 7

Stalking

Answer 7

There are three categories of stalking: misdemeanor stalking, aggravated stalking, and cyberstalking.

Question 8

Misdemeanor Stalking

Answer 8

Misdemeanor stalking is a first-degree misdemeanor and involves a person who willfully, maliciously, and repeatedly follows or harasses another person.

Question 9

Aggravated Stalking

Answer 9

Aggravated stalking is a third-degree felony. It involves all the elements of misdemeanor stalking and a credible threat by the stalker with the intent to place the person in reasonable fear of death or bodily injury. Fla. Stat. § 784.048(3).

Question 10

Cyberstalking

Answer 10

Cyberstalking may be punished either as a misdemeanor or as aggravated stalking. It involves engaging in a course of conduct that communicates words, images, or language directed to a specific person, causing that person substantial emotional distress and serves no legitimate purpose. The communication is through the use of electronic mail or other form of electronic communication. Fla. Stat. § 784.048(1)(d).

Question 11

Kidnapping

Answer 11

For a kidnapping to occur in Florida, the kidnapper must forcibly, secretly, or by threat confine, abduct, or imprison another against his will and have the intent to:

i) Hold the person for ransom, reward, shield, or hostage;
ii) Commit or facilitate the commission of a felony;
iii) Inflict bodily harm upon or terrorize the victim or another; or
iv) Interfere with the performance of any governmental or political function.

Question 12

False imprisonment

Answer 12

In Florida, false imprisonment requires the same statutory elements necessary to commit a Florida kidnapping (forcible, secret, or threatened confinement, abduction, or imprisonment of another against his will), but does not require the intent necessary for kidnapping

Question 13

Sexual Battery under 12

Answer 13

If an adult commits sexual battery on a person under the age of 12, sexual battery is classified as a capital felony. A person convicted of capital sexual battery can no longer be put to death, but is subject to a mandatory life sentence

Question 14

Sexually Battery over 12 under 18

Answer 14

If an adult commits sexual battery on a person 12 years of age or older, but younger than 18 years of age, sexual battery is classified as a life felony.

If a person commits sexual battery on a person over the age of 12 and uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious injury, sexual battery is classified as a life felony.

Question 15

Sexual Battery by person under 18

Answer 15

If a person under the age of 18 commits a sexual battery on a person under the age of 12, sexual battery is classified as a life felony.

Question 16

“Unlawful sexual activity with certain minors.”

Answer 16

A person 24 years or older who engages in sexual activity (penetration or union with another’s sexual organ) with a 16- or 17-year-old (without disability) commits unlawful sexual activity with certain minors.

Question 17

“Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.”

Answer 17

It is a second-degree felony for a person 18 years or older to engage in sexual activity (penetration or union with another’s sexual organ) with a person 12 years or older, but under the age of 16. Fla. Stat. § 800.04; and

Question 18

“Contributing to the delinquency or dependency of a child.”

Answer 18

It is child abuse and a third-degree felony for a person who is 21 years or older to impregnate a female under the age of 16. Fla. Stat. §827.04.

Question 19

“Sexual battery.”

Answer 19

A person 18 years or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without physical force, commits a first-degree felony. Fla. Stat. § 794.011;

Question 20

Minors and electronics

Answer 20

In Florida, it is illegal for a minor to knowingly electronically transmit photos or videos that depict nudity and are deemed to be harmful to minors. The crime of “sexting” also prohibits a minor from possessing such material unless the minor did not solicit the material, took reasonable steps to report the material to a responsible adult (i.e., parent, guardian, school official), and did not transmit the material to a third party. Sexting has various penalty ranges based upon whether it is a first (non-criminal violation), second (M1), or third or more conviction (felony). Fla. Stat. §§ 847.001; 847.0141.

Question 21

explicit material containing children

Answer 21

It is a crime for any person to possess, control, or intentionally view any pictures or videos that include sexual conduct by a child. If the picture or video includes sexual conduct by more than one child, each child involved in the violation creates a separate offense. Fla. Stat. § 827.071.

Question 22

Bribery

Answer 22

In Florida, a person commits bribery by knowingly and intentionally giving or offering any benefit not authorized by law to a public servant with the intent to influence the performance of an act in violation of a public duty. A public servant who knowingly and intentionally requests or accepts such a benefit has also committed bribery.