Crimes against a person Flashcards
Felony battery
Actually and intentionally causes great bodily harm, permanent disability, or permanent disfigurement
Domestic battery by strangulation
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
Aggravated battery
Intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement; use of a deadly weapon; or battery on a pregnant woman
Assault
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.
Displaying a firearm
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.
Aggravated assault
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.
Stalking
There are three categories of stalking: misdemeanor stalking, aggravated stalking, and cyberstalking.
Misdemeanor Stalking
Misdemeanor stalking is a first-degree misdemeanor and involves a person who willfully, maliciously, and repeatedly follows or harasses another person.
Aggravated Stalking
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).
Cyberstalking
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).
Kidnapping
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.
False imprisonment
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
Sexual Battery under 12
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
Sexually Battery over 12 under 18
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.
Sexual Battery by person under 18
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.
“Unlawful sexual activity with certain minors.”
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.
“Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.”
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
“Contributing to the delinquency or dependency of a child.”
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.
“Sexual battery.”
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;
Minors and electronics
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.
explicit material containing children
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.
Bribery
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.
