Florida Law Rule Statements Flashcards
Theft
Under Florida law, a person is guilty of theft if she (1) commits the act of knowingly (2) obtains or uses (3) the property of another (4) with the intent to permanently or temporarily deprive the other person of the right or benefit of the property OR appropriate the property of victim to her own use or to the use of any person not entitled to it. Because theft is a specific intent crime, the prosecution must show the defendant had the intent to permanently or temporarily deprive the victim of the property at the moment of the taking.
Dealing in Stolen Property
Under Florida law, a person is guilty of receiving/dealing in stolen property if, unless satisfactorily explained, (1) gives rise to an inference that the person in possession of the property (2) knew or should have known (3) that the property had been stolen.
Burglary
Under Florida law, a person is guilty of burglary if she (1) commits the act of entering a dwelling, structure, or conveyance unless open to the public or licensed/privileged to enter; (2) with the intent to commit an offense therein; OR (1) commits the act of remaining in a dwelling, structure, or conveyance after permission to enter/remain has been withdrawn; (2) with the intent to commit an offense therein or with the intent to commit a forcible felony. Because burglary is a specific intent crime, the prosecution must show the defendant had the intent to commit the offense at the moment of entry.
Robbery
Under Florida law, a person is guilty of robbery if (1) she commits the act of taking the money or property from the victim (2) by use of Force, violence, assault, fear during the course of the taking; and (3) the property taken was of some value; (4) with the intent to permanently or temporarily deprive the other person of the right or benefit of the property or money OR appropriate the property or money of victim to her own use or to the use of any person not entitled to it. Because robbery is a specific intent crime, the prosecution must show the defendant had the intent permanently or temporarily deprive the victim of the property at the moment of the taking.
Carjacking
Under Florida law, a person is guilty of carjacking if (1) she commits the act of taking of a motor vehicle which may be the subject of larceny (2) from the person or custody of another, (3) with intent to permanently or temporarily deprive the person or the owner of the motor vehicle, (4) when in the course of the taking there is the use of force, violence, assault, or putting in fear. Because carjacking is a specific intent crime, the prosecution must show the defendant had the intent to commit the offense at the moment of taking.
First Degree Murder
Under Florida law, a person is guilty of first-degree murder if (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) the killing was premeditated. Because first degree murder is a specific intent crime, the prosecution must prove the premeditated decision was present in the mind at the time of the killing and that the premeditated intent to kill was formed before the killing.
Second Degree Murder
Under Florida law, a person is guilty of second-degree murder if (1) the victim is dead (2) the death was caused by the criminal act of the defendant; (3) there was an unlawful killing of the victim by an act was imminently dangerous to another evincing a depraved heart (disregard to the value of human life). To convict a defendant of Second-Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death because it is a general intent crime.
Elements of a Crime
It is important to remember that for all of the aforementioned crimes, the burden of proof is on the prosecution. In order to obtain a guilty verdict against a defendant, the prosecution must prove beyond a reasonable doubt the following elements: a voluntary act (actus reus), or in some cases, an omission to act, such as in parent-child relationships, contractual duty relationships (e.g. lifeguards), or where a Good Samaritan statute is in place; the required mental state (mens rea), unless a strict liability crime where mens rea is not required for all elements; clear causation including both cause-in-fact and proximate/legal direct cause; and any attendant circumstances specified by the law. These elements must have concurrence. The prosecution must provide proof using direct and/or circumstantial evidence.
First Degree Felony Murder
Under Florida law, a person is guilty of first-degree felony murder if (1) the victim is dead; (2) the victim was unlawfully killed by the defendant (3) while the defendant was engaged in committing one of the enumerated felonies caused the death of the victim; or (4) while the defendant was engaged in an attempt to commit one of the enumerated felonies caused the death of the victim; or (5) while the defendant was engaged in escaping the immediate scene of the enumerated or attempted enumerated felony caused the death of the victim and (6) defendant is the person who killed the victim.
Second Degree Felony Murder
Under Florida law, a person is guilty of second-degree felony murder if (1) the victim is dead; (2) the victim was killed by ANOTHER person; (3) victim’s death was caused during and was a consequence of the defendant engaging in committing one of the enumerated felonies caused the death of the victim; or (4) victim’s death was caused during and was a consequence of the defendant engaging in an attempt to commit one of the enumerated felonies caused the death of the victim; or (5) victim’s death was caused during and was a consequence of the defendant engaging in escaping the immediate scene of the enumerated or attempted enumerated felony caused the death of the victim; and (6) the person who killed the victim was not involved in the commission or attempt to commit the crime alleged.
Manslaughter
Under Florida law, a person is guilty of manslaughter if (1) the victim is dead; (2) the defendant intentionally committed an act or acts that caused the death of the victim; and/or (3) defendant intentionally procured an act that caused the death of the victim and/or (4) the death was caused by the culpably negligent act of the defendant. In order to convict a defendant of manslaughter, it is not necessary for the State to prove the defendant intended to cause the death, only intended to commit the act that was not merely negligent, justified, or excusable and which caused death.
Aggravated Manslaughter
Under Florida law, a person is guilty of aggravated manslaughter if (1) the victim is dead; (2) the death of the victim was caused by the culpable negligence of the defendant; (3) the victim was an elderly person, a disabled adult, or a child; or (4) the victim was an officer, firefighter, EMT, or paramedic who was performing the duties within the course of his employment. In order to convict a defendant of manslaughter, it is not necessary for the State to prove the defendant intended to cause the death, only intended to commit the act that was culpably negligent.
