Crimes Against Property and Possession Offenses

Question 1

What are the 3 types of theft covered under Florida Theft Statutes?

Answer 1

1. Larceny
2. Embezzlement
3. False Pretenses

Question 2

Degrees of Theft in Florida?

Answer 2

In FL, degrees of theft are determined by the VALUE of property taken and someones by the kind of property taken.

1. Grand Theft in the 1st Degree
2. Grand Theft in the 2nd Degree
3. Grand Theft in the 3rd Degree
4. Petit Theft in the 1st Degree
5. Petit Theft in the 2nd Degree

Question 3

Grand Theft in the 1st Degree

Answer 3

1. Property valued at $100,000 or more
2. Cargo valued at $50,000 or more
3. Value of property $1,000 or more and a MOTOR VEHICLE was used to damage it

Question 4

Grand Theft in the 2nd Degree

Answer 4

1. $20,000 to $100,000
2. Cargo valued at less than $50,000
3. Stolen law enforcement equipment

Question 5

Grand Theft in the 3rd Degree

Answer 5

1. $300 to $20,000
2. Property stolen from a DWELLING valued at $100 to $300, or
3. Wills, firearms, vehicles, commercially farmed animals, fire extinguishers, stop signs, fruits in excess of 2000 pieces

Question 6

Petit Theft in the 1st Degree

Answer 6

Property valued between $100 and $300

Question 7

Petit Theft in the 2nd Degree

Answer 7

Property values less than $100 that is not covered by another category of theft

Question 8

Robbery under CL vs in FL

Answer 8

CL: Larceny + force/violence/threat of force or violence
FL: All above elements +
1. the taking must be FROM THE PERSON OR CUSTODY OF ANOTHER, and
2. there is the USE OF FORCE, VIOLENCE, ASSAULT, or PUTTING IN FEAR in the course of the taking (occurring before, during, or after the robbery if the actions that are part of the force are PART OF A CONTINUOUS SERIES OF ACTS).

Question 9

1st Degree Robbery in FL

Answer 9

Robbery that occurs when a WEAPON is used.

Question 10

2nd Degree Robbery in FL

Answer 10

All robberies are robberies (When no weapon is used)

Question 11

Carjacking in FL

Answer 11

The TAKING of a MOTOR VEHICLE with the INTENT TO DEPRIVE and the USE OF FORCE, violence, assault, or putting someone in fear

Question 12

Home Invasion in FL

Answer 12

Entering a DWELLING with the intent to commit ANY offense

Question 13

Burglary under CL vs in FL

Answer 13

CL: Breaking and entering the dwelling of another, at night, with the specific intent to commit a felony therein
FL: No breaking required, dwelling is any structure with a roof that is designed to lodge people at night, no night time requirement (can be committed at any time), with only the intent to commit any offense (not just a felony)

Question 14

Affirmative defense for burglary

Answer 14

Consent is an affirmative defense that can be raised by the D by clear and convincing evidence.

Question 15

Arson in FL

Answer 15

D must have acted WILLFULLY and UNLAWFULLY or during the commission of a FELONY and that a dwelling or structure where persons are normally present is burned

Question 16

Immunity for Possession Offenses in FL

Answer 16

If a person experiences a drug-related overdose and is in need of medical assistance, the prosecutor may not use evidence obtained as a result of the overdose or medical assistance to prosecute the person for possession of a controlled substance. A person who in good faith seeks medical assistance for another individual experiencing an overdoes has the same immunity.