Criminal Florida State Statutes Flashcards
776.012
A person who uses or threatens to use deadly force to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony, does not have a duty to _____________ and has the right to _________ ______ __________ if the person using or threatening to use the deadly force is not engaged in?
1.
2.
- retreat
- stand his ground
1. Criminal activity.
2. In a place where he has a right to be.
776.031
A person is justified in using or threatening to use deadly force only if he reasonably believes that such conduct is necessary to prevent the imminent commission of a _________ ___________.
Forcible felony.
776.06
Force that is likely to cause death or great bodily harm?
Deadly force
776.08
There are 16 forcible felony crimes. What are they?
- Treason
- Murder
- Manslaughter
- Sexual battery
- Carjacking
- Home-invasion robbery
- Robbery
- Burglary
- Arson
- Kid napping
- Aggravated assault
- Aggravated battery
- Aggravated stalking
- Aircraft piracy
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Any other felony which involves the use of or threat of physical force or violence against any individual.
776.09
Whenever the state attorney or statewide prosecutor and court dismisses an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense that finding shall be documented in writing and retained?
In addition, it should be recorded on an order or memorandum and?
- In the files of the state attorney or statewide prosecutor.
- Retained in the courts records.
- 011 & 784.021
- Assault charge?
- Aggravated assault charge?
- M2
2. F3
- 03
- Battery charge?
- A person who has on prior conviction for battery, aggravated battery, or felony battery and who commits an second or subsequent battery commits what degree?
- M1
2. F3
- 041
- A person commits felony battery if he actually and intentionally touches or strikes another person against the will of the other and causes what?
- What is the charge degree?
- Great bodily harm, permanent disability, or permanent disfigurement.
- F3
- 041
- A person commits what if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the person or by blocking the nose or mouth of the other person.
- Charge degree?
- Domestic battery by strangulation.
2. F3
- 045
- A person commits aggravated battery who, in committing battery, intentionally causes?
- OR
- Charge degree
- Great bodily harm, permanent disability, permanent disfigurement.
- Uses a deadly weapon.
- F2
784.046
“Repeat violence” means any two incidents of violence or stalking committed by the respondent, one of which must have been within ___________ of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
6 months
784.046
“Sexual violence” means any one incident of:
- Sexual battery.
- Lewd or lascivious act on a person younger than 16 y/o.
- Luring or enticing a child.
- Sexual performance by a child.
- Any other forcible felony wherein a sexual act is committed or attempted.
784.046
___________ ___________ means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
Dating violence.
784.046
Regarding “dating violence” the existence of such a relationship shall be determined based on the consideration of the what 3 factors?
- Dating relationship must have existed within the past 6 months.
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties.
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
784.046
With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must what if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child.
- Have been a eyewitness to
- Have direct physical evidence or affidavits from eyewitnesses
- Have the specific facts and circumstances that form the basis upon which relief is sought.
784.046
With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must what if the party against whom the protective injunction is sought is a person OTHER THAN a parent, stepparent, or legal guardian of the minor child.
-have reasonable cause to believe that the minor child is a victim of repeat sexual or dating violence to form the basis upon which relief is sought.
784.046
When it appears to the court that an immediate and present danger of violence exists, the court may grant a ___________ ___________ which may be granted in an ________ __________ hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.
- temporary injunction
- ex parte hearing
784.046
Any ex parte temporary injunction shall be effective for a fixed period not to exceed _________.
15 days.
784.046
Regarding the service of injunctions for protection against repeat violence, sexual violence, or dating violence, the petitioner may request notification of service. The automated notice shall be made within __________ after the injunction is served to the respondent.
12 hours
784.047
What 3 things should be included in the narrative of a report involving domestic violence or dating violence?
- Description of physical injuries observed, if any.
- If an LEO decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.
- A statement which indicated that a copy of the legal rights and remedies notice was given to the victim.
784.046
A law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related reports, which excludes ________ __________ or other materials that are part of an active criminal investigation and are exempt, to the nearest locally certified domestic violence center within _________ after the agency’s receipt of the report.
- Witness statements.
2. 24 hours.
784.047
A person who willfully violates a condition of pretrial release when the original arrest was for an act of dating violence, commits a?
And shall be held in custody until when?
- M1
2. First appearance.
- 047
- Regarding violations of injunctions for protection against repeat violence, sexual violence, or dating violence, one violation is going to, or being within ________ feet of the petitioner’s residence, school, place of employment, or a specified place frequented by the petitioner and any named family or household member.
- Another violation is knowingly and intentionally coming within ________ feet of the petitioners motor vehicle.
- 500 feet.
2. 100 feet.
784.047
A person who violates a protective injunction, commits?
M1
784.047
A person who has two or more convictions for violation of an injunction and who subsequently commits a violation against the same victim, commits?
F3
- 048
- A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits what?
- Child under 16 y/o?
- M1
2. F3
- 048
- A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person AND makes a credible threat to that person, commits what?
Aggravated stalking.
F3
- 048
- A person who after an injunction for protection is issued, willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits what?
F3
- 0487
- Regarding an injunction for protection against stalking or cyber stalking, the office assisting the petitioner shall also forward a copy of the petitioners affidavit to the appropriate law enforcement agency for investigation. No later than _______ after receiving the initial report, the local law enforcement agency shall complete its investigation and forward a report to the state attorney.
- The state attorney shall determine within ________ whether his office will file criminal charges or not.
- 20 days.
2. 30 working days.
- 0487
- A person who willfully violates an injunction for protection against stalking or cyberstalking, commits?
- 2 or more prior convictions?
- M1
2. F3
784.049
What means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.
Sexual cyberharassment.
- 049
- A person who willfully and maliciously sexually cyber harasses another person commits?
- Second of subsequent?
- M1
2. F3
784.049
An aggrieved person may initiate a civil action against a person who violates the section related to sexual cyber harassment to obtain all appropriate relief in order to prevent or remedy a violation, including the following:
- Injunctive relief.
- Monetary damages to include $5000 or actual damages incurred as a result, whichever is greater.
- Reasonable attorney fees and costs.
784.05
Whoever, through culpable negligence, exposes another person to personal injury commits what degree?
M2
784.05
Whoever, through culpable negligence, inflicts actual personal injury commits what degree?
M1
784.05
Whoever, through culpable negligence, by storing or leaving a loaded firearm within the reach or easy access of a minor and the minor obtains the firearm and uses it to inflict injury or death upon himself or another person commits?
F3
784.05
Related to culpable negligence, when a minor child is accidentally shot by another family member, no arrest shall be made prior to __________ days after the date of the shooting.
7
784.062
Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at an LEO, engaged in the performance of his official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him commits a?
Non criminal violation
- 062
- Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a?
- If during the course results in bodily injury commits a?
- F3
2. F2
784.07 A reclassification of charges are one level up when an Leo, firefighter, emergency medical care provider, public transit employee or agent, or other specified officers assaulted. 1. In case of assault. 2. In case of battery. 3. In case of aggravated assault. 4. In case of aggravated battery.
- M1
- F3
- F2
- F1
- 07
- Any person convicted of an aggravated assault on an LEO shall be sentenced to a minimum term of imprisonment of _________?
- Aggravated battery?
- 3 years.
2. 5 years.
784.07
Any person who is convicted of a battery on an LEO, firefighter, etc, and during the commission is in possession of a firearm or destructive device, shall be sentenced to a minimum term of imprisonment of _________?
3 years
784.07
Any person who is convicted of a battery on an LEO, firefighter, etc, and during the commission is in possession of a semiautomatic firearm and its high-capacity detachable box magazine OR a machine gun, shall be sentenced to a minimum term of imprisonment of _________?
8 years
784.071
What is the criteria for issuing a blue alert?
- An LEO has been killed, has suffered serious bodily injury, or has bee assaulted with a deadly weapon OR
- An LEO is missing while in the line of duty under circumstances evidencing concert for the LEO’s safety and
The suspect has fled the scene.
The investigating agency determines that the suspect poses an imminent threat to the public or to other law enforcement officers.
A detailed description of the suspects vehicle, or other means of escape, or the license plate of the suspect’s vehicle is available for broadcasting.
784.074
Whenever a person is charged with committing an assault or battery or aggravated assault or battery upon a staff member of a sexually violent predators detention facility, the offense is reclassified one level higher. This also applies to staff members or persons employed by who?
Department of children and families.
- 075
- A person who commits a battery on a juvenile probation officer and other staff of a juvenile detention center commits a?
- This also applies to who?
- F3
2. Employees of the department of juvenile justice.
784.076
A juvenile who has been committed to or detained by the department of juvenile justice, and who commits battery upon a person who provides health service, commits?
F3
784.078
It is unlawful for any person, while being detained in a facility and with the intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should have known to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material. Violation of this is?
F3
784.08
A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to? 4 answers
- Minimum term of imprisonment of 3 years.
- Fine of not more than $10,000.
- Restitution to the victim.
- Perform up to 500 hours of community service work.
784.08
All charges related to assault/aggravated assault, battery/aggravated battery upon a person 65 years of age or older, the charge degree will be what?
One level higher.
784.08
All charges related to assault/aggravated assault, battery/aggravated battery upon a sports official, elected official/employee of a school district, private school, state university, an employee with DCF or with the department of health, the charge degree will be what?
One level higher
784.082
Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault/aggravated assault, battery/aggravated battery upon any visitor to the facility or upon any other detainee in the facility will be charged with what degree?
One level higher
784.083
Whenever a person is charged with committing an assault/aggravated assault, battery/aggravated battery on a code inspector, while he is engaged in the lawful performance of his duties, commits what degree?
One level higher.
784.085
It is unlawful for any person, except a child, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid of material. Charge degree for this?
F3
790.06
What state of Florida department issues licenses to carry concealed weapons or concealed firearms to persons qualified?
Department of agriculture and consumer services.
790.06
Concealed weapons or concealed firearms are defined as:
Handguns Electronic weapon Tear gas gun Knife Billie
790.06
A license to carry a concealed weapon or firearm shall be valid for a period of?
7 years
790.06
Any person found guilty of a crime related to controlled substances, shall not be eligible to obtain a CCW license unless the charge is ________ years or older.
3
790.06
It shall be presumed that an applicant chronically and habitually uses alcohol or other substances if they have __________ convictions within a _________ period immediately preceding the date on which the application is submitted.
2 or more.
3
790.06
The department of agriculture and consumer services shall issue a CCW license if the applicant has not had adjudication of guilt withheld or imposition of sentence suspended for a FELONY unless __________ have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred.
3 years
790.06
The department of agriculture and consumer services shall issue a CCW license if the applicant has not had adjudication of guilt withheld or imposition of sentence suspended for a misdemeanor crime of domestic violence unless __________ have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred.
3 years
790.06
An LEO, a correctional officer, or a correctional probation officer is exempt from the required fees and background check for __________ after his retirement.
1 year.
790.06
Part of the application process of a CCW is to submit a full frontal view color photograph of the applicant taken within the preceding _____________, in which the head, including hair, measures ________ wide and _________ high.
30 days.
7/8 of an inch wide.
1 1/8 of an inch high.
790.06
The department of agriculture and consumer services shall, within ____________ after the receipt of the CCW application, either issue the license or deny the application.
90 days.
790.06
A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the U.S. And is certified as such by the foreign government and by the appropriate embassy in this country must be issued a CCW license within _________ after the date of the receipt of the completed application.
20 days.
- 06
- Regarding CCW licenses for consular security officials of foreign governments, what is the fee of the non refundable license?
- How long is it valid for?
- $300
2. 1 year.
790.06
Within _________ after the changing of a permanent address, or within ________ after having a license lost or destroyed, the licensee shall notify the department of agriculture and consumer services of such change. Failure to notify the department of the lost or destroyed license shall constitute a no criminal violation with a penalty of ________?
$25