Chapter 939

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Author:
Candog
ID:
223390
Filename:
Chapter 939
Updated:
2013-06-11 12:50:36
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Crimes General provisions
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  1. Crimes committed prior to what year are not affected by Chapter 939
    July 1, 1956
  2. A person is subject to prosecution and punishment under the law of this state
    if any of the following applies:
    • (a) The person commits a crime, any of the constituent elements of which takes place in this state.
    • (b) While out of this state, the person aids and abets, conspires with, or advises, incites, commands, or solicits another to commit a crime in this state.
    • (c) While out of this state, the person does an act with intent that it cause in this state a consequence set forth in a section defining a crime.
    • (d) While out of this state, the person steals and subsequently brings any of the stolen property into this state.
    • (e) The person violates s. 943.201 or 943.203 and the victim, at the time of the violation, is an individual who resides in this state, a deceased individual who resided in this state immediately before his or her death, or an entity,
    • (f) The person violates s. 943.89 and the matter or thing is deposited for delivery within this state or is received or taken within this state.
    • (g) The person violates s. 943.90 and the transmission is from within this state, the transmission is received within this state, or it is reasonably foreseeable that the transmission will be accessed by a person or machine within this state.
  3. What is party to a crime?
    • a) Directly commits the crime; or
    • (b) Intentionally aids and abets the commission of it; or
    • (c) Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such a party is also concerned in the commission of any other crime which is committed in pursuance of the intended crime and which under the circumstances is a natural and probable consequence of the intended crime. This paragraph does not apply to a person who voluntarily changes his or her mind and no longer desires that the crime be committed and notifies the other parties concerned of his or her withdrawal within a reasonable time before the commission of the crime so as to allow the others also to withdraw.
  4. What is a crime?
    A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.
  5. When can the defense of privilege be used?
    • (1) When the actor’s conduct occurs under circumstances of coercion or necessity so as to be privileged 
    • (2) When the actor’s conduct is in defense of persons or property under any of the circumstances described or
    • (3) When the actor’s conduct is in good faith and is an apparently authorized and reasonable fulfillment of any duties of a public office; or
    • (4) When the actor’s conduct is a reasonable accomplishment of a lawful arrest; or
    • (6) When for any other reason the actor’s conduct is privileged by the statutory or common law of this state
  6. When is a person privileged to use self defense?
    A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.
  7. What is the punishment for a class A felony?
    life imprisonment.
  8. What is the punishment for a class B felony?
    imprisonment not to exceed 60 years
  9. What is the punishment for a class C felony?
    a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both.
  10. What is the punishment for a class D felony?
    a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.
  11. What is the punishment for a class E felony?
    a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both.
  12. What is the punishment for a class F felony?
    a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.
  13. What is the punishment for a class G felony?
    a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.
  14. What is the punishment for a class H felony?
    fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.
  15. What is the punishment for a class I felony?
    a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.
  16. What are the three levels of misdemeanors?
    A, B, C
  17. What is needed to charge habitual criminality?
    The actor is a repeater if the actor was convicted of a felony during the 5−year period immediately preceding the commission of the crime for which the actor presently is being sentenced, or if the actor was convicted of a misdemeanor on 3 separate occasions during that same period, which convictions remain of record and unreversed. It is immaterial that sentence was stayed, withheld or suspended, or that the actor was pardoned, unless such pardon was granted on the ground of innocence. In computing the preceding 5−year period, time which the actor spent in actual confinement serving a criminal sentence shall be excluded.
  18. What are the time limits on prosecution?
    • 6 years for a felony
    • 3 years for a misdemeanor
  19. When has prosecution commenced?
    when a warrant or summons is issued, an indictment is found, or an information is filed

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