FL Crim Law

Question 1

parties to a crime

Answer 1

(1) Principals and Accessories Before the Fact

Common Law: Presence at the scene distinguishes an accessory from a principal

Florida
* Does not distinguish between a principal and an accessory before the fact
* Person who aids, abets, hires, counsels, or otherwise procures a criminal offense is
charged as a principal

(2) Accessory After the Fact (Florida)

Accessories after the fact assist a principal with the intent that the offender avoid or escape detection, arrest, trial, or jail

Family Members:
* If a principal is charged with a 3rd degree felony or less, family members are excluded from responsibility as accessories after the fact.
* For all other felonies, family members can be charged as accessories after the fact.

Florida has no similar exclusion for family members who act as an accessory before the fact; such family members may be charged as principals to the crime.

Question 2

insanity

Answer 2

Common law: Applies four tests:
1. M’Naghten test,
2. Irresistible impulse test,
3. Durham Rule,
4. MPC Rule

(1) Florida

Applies only the M’Naughten test:
1. Because of a mental defect or disease…
2. Defendant did not know that what he was doing was wrong.

Insanity is an affirmative defense. Defendant has to plead and prove:
* By clear and convincing evidence
* He was insane at the time of the crime

Question 3

voluntary intoxication

Answer 3

In Florida, voluntary intoxication is not a defense to any crime.
* Common Law: was a defense to a specific intent crime
* It prevented the creation of the required intent.

Voluntary intoxication is not admissible to show the defendant lacked a mens rea or was insane.

Exception: if the administration of the intoxicant was pursuant to a prescription

Question 4

types of crimes

Answer 4

(1) common law
* Felony crimes: punishable by death or imprisonment of more than 1 yr
* Misdemeanor crimes: crimes punishable by one year or less

(2) Florida

felonies
* Capital felony
* Life felony
* First-degree felony
* Second-degree felony
* Third-degree felony

misdemeanors
* First-degree
* Second-degree

non-criminal violations
* Punishable by fine, forfeiture, or civil penalty (e.g., traffic offenses)

penalty enhancers
Crimes can be classified to the next higher level based on enahncers (e.g., use of weapons, wearing a mask, bulletproof vests, taking a police officer’s gun).

Question 5

homicide (murder)

Answer 5

killing a person

Homicide is the unlawful killing of another human being.

Unborn children
* If a person kills an “unborn child” by causing any injury to the mother, the person can be charged with the same degree of killing as if the mother had been killed.
* The term “unborn child” means a member of the species Homo sapiens, at any stage of development, who is carried in the womb.

VVVVVVVVVVVVVVVVVVV

assisted suicide

A person who deliberately assists another in the commission of self-murder is guilty of manslaughter

VVVVVVVVVVVVVVVVVVV

year and one day rule

Common Law: There was a conclusive presumption that if the victim did not die within one year and a day of the defendant’s actions, then proximate cause could not be proven.

Florida: No year-and-one-day presumption, although part of the evidence might include the duration

VVVVVVVVVVVVVVVVVVV

malice aforethought

Florida does not use the term “malice aforethought” (divides murder from manslaughter)

In Florida, the different mental states are reflected in the different degrees

VVVVVVVVVVVVVVVVVVV

murder by degrees

Florida has 3 degrees of murder: first-degree, second-degree, and third-degree

VVVVVVVVVVVVVVVVVVV

felony murder
Felony murder is divided into three degrees based on:
* who actually committed the killing and
* What felony the person was committing at the time.

(1) first-degree felony murder
* defendant kills the person and
* Is engaged in or attempting to engage in certain enumerated felony

(2) enumerated felonies
* Drug trafficking (cannabis trafficking; distributing enumerated substances by person 18+)
* Escape
* Aggravated assault or abuse on a
child or on an elderly or disabled
person
* Murder
* Unlawful bombing
* Terrorism
* Burglary
* Arson
* Robbery
* Rape
* Kidnapping
* Aggravated fleeing or eluding
* Human trafficking
* Carjacking
* Aircraft piracy
* Aggravated stalking
* Resisting an officer with violence
* Sexual battery

(3) second degree felony murder

Killing committed by someone (not defendant) during the commission of an enumerated felony

(4) third-degree felony murder

Killing committed by Defendant during the commission of non-enumerated felony

(5) Attempted Felony Murder

Florida has two degrees of attempted felony murder

attempted first degree felony murder

Defendant:
* Perpetrates or attempts to perpetrate any felony; and
* Commits or aids in a separate intentional act that could but does not kill someone
* Felony does not have to be enumerated

attempted second degree felony murder

someone (not defendant)
* Injures another
* during commmission of enumerated felony

VVVVVVVVVVVVVVVVVVV

first degree murder in florida

types
1. Unlawful killing with pre-meditation
2. First-degree felony murder, or
3. Unlawful killing resulting from unlawful distribution of specified controlled substance

VVVVVVVVVVVVVVVVVVV

Second degree murder in florida

types:
1. Second Degree Depraved Heart Murder: killing occurs with an extreme indifference to an unjustifiably high risk that the conduct will end human life, OR
2. Second-Degree Felony Murder
3. Third-Degree Murder in Florida: Unlawful killing by defendant during the commission of a non-enumerated felony.

Question 6

homicide (manslaughter)

Answer 6

Divide into two categories:

manslaughter
* Includes both voluntary/involuntary manslaughter, or
* Killing without an excuse or justification

aggravated manslaughter
* Determined by who is killed
* Child, elderly, disabled, police officer, fireman, or paramedic

Question 7

crimes against property and possession offenses: florida theft statute

Answer 7

Encompasses larceny, embezzlement, and false pretenses

(1) elements of theft
knowingly, obtain or use (or attempt to do so), another’s property
* property= (anything of value, market value or replacement value withint reasonable time after the offense)
with the intent to either permanently or temporarily deprive that person of the property

(2) degrees of theft

In Florida, degrees of theft are determined by the value of property taken and sometimes by the kind of property taken.

Grand Theft in the First Degree
* Property valued at ≥ $100,000,
* cargo valued at ≥ $50, 000, or
* value of property ≥ $1000 and a motor was used to damage it

grand theft in the second degree
* Property valued at $20,000 to $100,000,
* Cargo valued at < $50,000, or
* stolen law enforcement equipment

Grand Theft in the Third Degree
* Property valued between $750 and $20,000,
* Property, stolen from a dwelling, valued at $100 to $750, or
* Wills, firearms, vehicles, commercially farmed animals, fire extinguishers, stop signs, fruit in excess of 2,000 pieces

Petit Theft in the First Degree Value is between $100 to $750

Petit Theft in the Second Degree Property valued less than $100 that is not covered by another category of theft

Question 8

crimes against propety and possession offense: robbery

Answer 8

(1) elements
All the elements of theft and:
the taking must be from the person or custody of another and there is the use of force, violence, assault, or putting in fear in the course of taking
* “In the course of the taking” means occurring before, during, or after the robbery
* Actions that are part of the force must be part of a continuous series of acts

(2) Degrees of Robbery in Florida

First-degree: occurs when a weapon is used

Second-degree: all other robberies

(3) carjacking in fl

taking of a motor vehicle

intent to deprive and

use of force, violence, assault, putting someone in fear

(4) Home-Invasion Robbery in Florida

Enters an occupied dwelling and commits a robbery of the occupants

victim must be present

Question 9

crimes against propety and possession offense: florida burglary

Answer 9

Common-law burglary requires (i) a breaking and entering of a dwelling of another that is regularly
occupied, (ii) at night, (iii) with intent to commit a felony.

(1) fl requirments

entering of dwelling with the intent to commit a felony offense

Not limited to felonies

The intent must exist at the time of entry

(2) Key Differences from Common Law:

dwelling
* Any dwelling, even abandoned or under construction, that is designed to lodge people at night
* Can be mobile or immobile
* Includes curtilage: Generally: Area around dwelling, Burglary: Enclosed area around dwelling

night
* no requirement that it be at night

breaking
* only entry required

felony
* intent to commit offense (does not need to be felony)

consent
* affirmative defense
* burden is on the defendant

Question 10

crimes against propety and possession offense: florida arson

Answer 10

To convict for arson, the prosecutor must show that:
defendant acted either
* willfully (intentionally) and unlawfully (no right) OR
* during commission of felony (not maliciously) AND

Dwelling or structure where persons are normally present is burned

Question 11

crimes against propety and possession offense: florida possession offenses

Answer 11

immunity

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 overdose has the same immunity.
* Person must remain at the scene to help the person.
* Exception: If the person helping is in possession of 10g or more, then the person can be
prosecuted.

Question 12

crimes against propety and possession offense: computer crimes

Answer 12

involve the willful or knowing introduction of a virus or hacking of a computer, network, or electronic device

Question 13

other crimes against person: battery

Answer 13

Common Law: Some touching that caused bodily harm to another

(1) florida

battery
* Any intentional touching or striking without consent
* bodily harm not required
* felony battery: substantial injury results from touching or sticking

domestic battery
* Elements of Battery,
* Victim is a family/household member or a person in a dating relationship, and
* involves strangulation

aggravated battery
* Use of a deadly weapon,
* Battery on a pregnant woman, or
* Intentionally or knowingly causing great bodily harm

Question 14

other crimes against person: assault

Answer 14

assault: a threat is made to commit violence, an apparent ability to do so and an act that creates a reasonable fear of violence

Aggravated Assault
* Deadly Weapons Exception: No aggravated assault occurs if person is merely displaying the weapon in a non-threatening way and has a permit.

Question 15

other crimes against person: stalking

Answer 15

(1) misdemeanor stalking
* 1st degree misdemeanor
* willful, malicious, and repeated following of a person

(2) aggravated stalking
* 3rd degree felony
* misdemeanor stalking elements and a credible threat of death or bodily injury

(3) cyberstalking
* stlaking via electronic communication
* communication must cause substantial emotional distress and serve no legitimate purpose
* Punishment based on the nature of the communication

Question 16

other crimes against person: sexual battery

Answer 16

(1) in general

Florida statutes use the term “sexual battery” instead of rape.

degree of offense is determined by age of victim and/or the use of weapon florida statutory rape equivalent offenses

Unlawful sexual activity with certain minors
* defendant must be 24 yo or older and
* Must be active with someone who is 16-17 yr old

Lewd and lascivious offenses upon or in the presence of minors
* minor must be younger than 16
* degree of offense dpeends on age of perp. if def is over or 18 yo and victim is between 12-16 its 2nd degree felony, if victim is under 12 its 1st degree felony sexual battery

Contributing to the delinquency:
Includes situations when a child under the age of 16 is impregnated by someone 21 years of age or older

Impregnating child under 16 is separate offense from sexual battery but constitutes 3rd degree felony child abuse under same statute as contributing to delinquency or dependency of child

(2) sexting in fl

transmitting

a minor knowingly transmits videos or photos that depict nudity and are harmful to minor

Receiving

also a crime for aminor to receive/possess such material unless minor
* did not solicit image
* did take measures to report it to responsible adult and
* did not transmit or distribute material to anyone

child pornography distinguished

crime for any person to possess, control, or intentionally view child porn

child must be
* minor
* actual person

child does not have to
* have known name
* be known to prosecution or defendant

if picture/video includes sexual conduct by more than 1 child, each child involved in violation creates a separate crime

Question 17

other crimes against person: bribery

Answer 17

can commit in two ways
1. defendant: knowingly and intentionally give or offer any benefit to a apublic official that was not authorized by law with the intent to influence the performance of an act in violation of a public duty
2. public official: knowingly and intentionally requests/accepts such benefit

Question 18

kidnapping and false imprisonment

Answer 18

(1) In Florida, kidnapping requires more than just the forcible abduction of a person

It also requires the additional intent to:
* demand a random
* commit an additional felony
* inflict bodily harm.terrorize or
* interfere with govt function

(2) false imprisonment
* Is a lesser-included crime of kidnapping
* Requires only forcible abduction and does not require the additional intent

Question 19

inchoate crimes

Answer 19

solicitation
Asking someone to commit a crime with the intent that the crime will be committed.

In Florida: to renounce solicitation, the defendant must:
1. convince the person not to commit the crime; and
2. Manifest a complete renunciation of the criminal intent.

conspiracy
* no overt act required
* mere agreement to commit a crime completed the conspiracy
* May withdraw from conspiracy by meeting the same requirements as to renounce solicitation
* fl is bilateral conspiracy state

attempt
fl has adopted the model penal code substantial step definition of attempt
* an attempt is a substantial step towards the commission of a crime that does not result in the crime being committed
* unlike common law, liability may be avoided by renouncing criminal intent and abandoning or otherwise preventing the crime

VVVVVVVVVVVVVVVVVVVVV

defenses

(1) excusable homicides in fl

may be raised as a defense for:
1. an accidental killing during a lawful act
2. an accidental killing during a heat of passion (is a complete defense, not a reduced charge) or
3. mutual combat: a death casued by accident or misdortune during combat
* Applies as long as combat occurred without a dangerous weapon and was not done in a cruel and unusual manner.
* Here, a “dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.

(2) self defense

a person is presumed to have the necessary and reasonable fear to use deadly force if:

The person against whom force was used:
* unlawfully or through force enters a dwelling or occupied vehilce or
* tried to remove another against his/her will from a dwelling or vechile and
* the person who used force knew of the act

Florida presumption does not apply if:
* Person against whom force was used has a right to be in the dwelling/vehicle;
* Person being removed is a child being removed by a legal guardian;
* Person against whom force is used is a law enforcement officer, or
* Person using force is using the dwelling/vehicle for unlawful purposes

(3) Duty to Retreat (Argued to Jury)

No duty to retreat from anywhere in Florida, as long as force is necessary to prevent:
* Death or bodily harm; or
* a forcible felony

(4) immunity (Argued to Court)

Grounds for immunity from criminal prosecution or civil action

Process:
* Defendant seeks immunity in a pre-trial motion
* defendant provides a presumption case of self defense
* burden switches to prosecution/plaintiff to prove that in fact, by clear and convincing evidence, defendant was not in fear for his life

Court grants or rejects motion
* If granted in a criminal action, results in dismissal
* If granted in a civil action, case dismissed, and plaintiff must pay attorney’s fees and all expenses incurred by the defendant

Does not apply if in fact the “victim” was a law enforcement officer, and the defendant knew or should have known.

(5) entrapment
* Objective approach (MPC): only considers actions of defendant? and whether their actions created a substantial risk that crime would occur.
* Subjective approach (majority & Florida): looks at both the actions of the police and the actions of the defendant

Entrapment defense requires:
* Government inducement (i.e., by governmental official or agent); and
* defendant had no predisposition to commit this crime

Prosecutors can put on evidence to show that the defendant had a predisposition (i.e., character evidence) to commit this crime in Florida.