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State Criminal Jurisdiction
--At common law, only the state that is the situs
of the crime, has jx over the crime. Situs
= place where the act/omission took place or where harmful result occurred.
* Out of State Conspiracy + must have Act in State + in furtherance of Conspiracy. (no act requirement for attempt)
- FLA--Modern Basis:
- * Offense committed wholly or partly within the state: Homicide + body found in FL = death presumed to occur in FL.
Sources of Criminal Law
MBE--common law crime is created and enforced by judiciary, in absence of statutory.
- FLA--Retention Statute:
- the common law of England, in relation to crimes, (except for modes or degrees of punishment), shall be in full force in FL, unless expressly defined/codified by statute.
Theories of Punishments
- (1) Incapacitation (restrin)
- (2) Special Deterrence (deter criminal)
- (3) General Deterrence (deter others)
- (4) Retribution (vent society's outrage)
- (5) Rehabilitation (of criminal)
- (6) Education (the public)
- FLA--Punishment baby!
- the primary purpose of FLa. sentencing is punishment. Other purposes may be considered.
- MBE--Common law divided all crimes into: treason; felonies; misdemeanor.
- * Felonies (death or over 1 year prison) = murder, manslaughter, rape sodomy, mayhem, robbery, larceny, arson, burglaries.
- * Misdemeanor (less than 1 year or fine) = all non-felonies.
- FLA--Felonies & Misdemeanors & degrees. (in absence of statutory provision)
- (1) Capital Felonies = death/life w/out parole
- (2) Life Felony = life/ $15,000
- (3) Felony 1st-d. = 30y/$10,000
- (4) Felony in 2nd-d. = 15y/$10,000
- (5) Felony in 3rd-d. = 5Y/$5,000
- (1) Misdemeanor in 1st.-d.= 1Y/$1,000
- (2) Misdemeanor in 2nd-d. = 60Day/$500
- increased penalties ok:
- Judge fines equal twice to amount gained by D or lost by victim is ok.
Increase penalty when + violent offense + against certain crim.justice employees+ committed within the scope of victim's duty.
- Reclassification: If masked, preducial, terrorism, weapon, aggravated battery, taking gun from law officer = reclassify to the next higher degree.
Effect of Repeal
- At C/L, the absence of a savings provision = barred prosecutions for conduct not yet prosecuted. (didn't set free already convicted though)
- FLA--Savings Provision:
- repeal or amendment does not affect criminality of offense committed prior to repeal/amendment.
- (prosecution under the old stat is proper)
Lesser Included Offenses
- MBE--Merger of Lesser Offense into greater Offense:
- -Lesser merge into greater. = one tried for one cannot be tried for the other. A Lesser offense contains some but not all the elements of the greater offense.
--Felony crimes don't necessarily merge into the Felony Murder= D can be convicted of both.
Prohibition on Multiple Convictions for Same Transaction Crime
--many JX prohibit convictions for multiple offenses that are part of same criminal transaction.
- FLA--Does not prohibit this.
- Legis.Expressly wants to punish each offense in the course of transaction/episode.
- (1) identical elements of proof (merger);
- (2) degrees of same offenses;
- (3) lesser offenses (whose elements are subsumed by the greater offense);
- ☑ No Distinction b/w principal & accessory before the fact. (18.2)
- ☑ Close Relative Exemption for Accessory after the fact. (18.c.)
- --Exception: capital life, first degree, or second degree felony.
- --Child Offense Exception to exemption--any person aiding another, who he knows committed an offense against a child, w/the intent that he escape apprehension is an accessory after the fact.--Domestic Violence Exception--unless court finds person is victim of domestic violence.
☑ Mere Knowledg
e + Presence
at the scene (w/out more) does not establish criminal intent
☑ Misdemeanor and/or Felony. (20)
- ☑Withdrawal/Renunciation Defense Permitted:
- If after solicitation, the D manifests a complete and voluntary renunciation, + and persuades the other not to commit the offense, or prevents commission.
of all co-conspirators = irrelevant
for remaining. (25.d)
☑ No overt act
- ☑Withdrawal Defense Permitted. (31b)
- -defense to conspiracy charge itself, if D voluntarily, and completely renounces, and persuades others to not commit target offense, or prevents commission,
- ☑ Abandonment Defense Permitted: (31b)
- (1) abandons attempt (after having engaged in criminal attempt) or otherwise prevents commission;
- (2) complete and voluntary renunciation of criminal purpose.
Punishment for Solicitation; Conspiracy, or Attempt
☑ punished pursuant to penalties provided for next lower degree of the target substantive offense. (31.aft5)
If target offense is capital felony ⇢ punish according to life felony, etc..
- ☑ McNaughten Test; 32,ab.)
- --lack of knowledge or understanding of actions.
☑ D must prove insanity by Clear and Convincing
☑ must give notice of intent
to rely on insantiy;
☑ non-expert testimony is okay.
- ☑ No Voluntary Intoxication for any offense, nor to show insanity. Except--when lawful prescription by practitioner. 36.1
- (1) use or threatened use of deadly force;
- (2) in defense of self, others, prevent comission of felony in dwelling, and defense of property other than dwelling to prevent imminent commission of forcible felony.
- (treason, murder, manslaughter; sexual battery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aircraft piracy; bombing; ANY other felony involving use or threat of physical violence against any person.
Self-Defense & Defense of Others
Non-Deadly Force is justified when and to extent of reasonable belief is necessary to defend self or third party from imminent use of unlawful force.
Presumption of Fear of Death/Great bodily harm
- ☑ May use Force or Threat of Force +
- ☑ Protect Self, other, dwelling & felony prevention, or prevention of "forcible felony," +
- (dwelling=any building/mobile or not/roof or not if designed to be slept in)
- ☑ Reasonable belief of necessity, (see presumption) +
- ☑Without Fault,
- (ok if both are engaging in trafficking and 1 uses deadly force against the other.)
- ☑ No Duty to Retreat (if not engaged in crim activity & rt to be in place),+
- ☑ Immune from civil or criminal prosecution.
--if (1) unlawfully & forcibly
entering/attempt dwelling, residence, or occupied vehicl
e AND (2) defender had knowledge
- Presumption of Intent--If unlawful + force + entry (attempt) = intent to do violence/force.
- Except--(1) Vic had right to be in; (2) Vic is child/grandchild/legal custody of defender; (3) unclean hands of defender; (4) Vic is police + in line of duty + defender has knowledge.
Deadly Force by Officer
FLA--(1) reasonable belief + fleeing felon + has or is committing/threatened serious bodily harm to another. AND to prevent escape of felon who threatens death/SBH.
MBE--only to prevent escape of felon who threatens death or serious bodily harm.
No Right to Resist Known Police officer
No right to Flee
FLA--No self defense if Known or Reasonably appears to be law enforcement officer.
MBE--non-deadly force if improper arrest. (ok)
☑ No flee/attempt + knowledge of request to stop. (aggravated crime if leaving scene of accident or high speed chase).
- FLA--whether inducement creates substantial risk that crime will be committed by one other than he who is ready to commit it. (subjective test)
- ☞ Except egregious police conduct = objectively viewed.
- ☞ Except govt.misconduct = dismissal regardless of his predisposition. (contingent fee payments to enforcement or illegal drug manufacturing for stings.
--Entrapment: (1) criminal design originates w/cop
& (2) D was not predisposed
to commit crime prior to police inducement. (objective test
= would a reasonable person bee induced?) this is the minority view.
- ☑--intentional touching or causing bodily harm to another. (directly or indirectly)
- ----striking a vehicle is enough if sufficient connection b/w vehicle and person.
- MBE--Any unlawful application of force to the person of another, + resulting in bodily injury or offensive touching.
- ---need not be intentional.
- ---may be indirect (causing a dog to attack)
- ☑ Battery, +
- ☑ pregnant (actual or constructive knowledge), or
- ☑ deadly weapon, or
- ☑ intentional or knowingly causes permanent disability, disfigurement, great bodily harm.
-Deadly weapon (anything that could be), or serious bodily injury caused, or child/woman/police victim.
- ☑ Intentional,
- ☑ unlawful threat by word or act,
- ☑ with apparent ability,
- ☑ an ACT creating well founded fear of imminent violence.
--Attempt to commit a battery or Intentional creation of reasonable apprehension with present ability.
- ☑ Assault, +
- ☑ Intent to commit Felony,
- ☑ w/deadly weapon but no intent to kill.
--assault w/ dangerous weapon or intent to rape, maim or murder.
FLA--all homicides are presumed malicious unless justified or excused.
MBE--unlawful killing of human + malice aforethought. (malice may be express or implied)
- ☑ unlawful killing,
- ☑ by act, procurement, or culpable negligence,
- ☑ w/out legal justification.
- * no voluntary/involuntary separation.
- * c/l separation b/w voluntary and involuntary appears to survive.
- ☻Voluntary = killing in heat of passion + adequate provocation.
- ☻Involuntary = criminal negligence and/or killing during unlawful act (misdemeanor or un-enumerated felony).
Felony Murder Enumerated Felonies
- ☛ Sexual Battery
- ☛ Arson;
- ☛ Drug Trafficking;
- ☛ Burglary
- ☛ Robbery
- ☛ Escape
- ☛ Aggravated Child Abuse
- ☛ Kidnapping
- ☛ Throwing, Placing/Discharging Bomb;
- ☛ Aircraft Piracy
- ☛ Distribution of Certain Substances by adult + causing death of users.
- ☛ Murder
- ☛ Aggravated Stalking
- ☛ An Act of Terrorism
- ☛ Resisting an Officer w/ Violence to person
- ☛ Carjacking,
- ☛ Home Invasion Robbery.
- First Degree:
- ☑ Premeditated Design;
- ☑ Enumerated Felony;
- ☑ Preparation OR Distribution of drug + by adult + which leads to death of user.
--(1) deliberate & premeditated; (2) enumerated felony; (3) by lying in wait, poison, torture etc.
Murder in 2nd Degree
- ☑Unlawful killing + by imminently dangerous act + evidencing depraved mind regardless of human life;
- ☑ Accidental killings by 3r parties during attempt/perpetration of enumerated felony.
- MBE--if it's not a first degree or manslaughter = its a second degree murder.
Murder in 3rd Degree
Killing during non-enumerated felony. (mbe calls this involuntary manslaughter).
Unlawful Killing of Unborn Child
- ☑ killing unborn child, (any stage)
- ☑ by injury to mother;
- ☑ same as if he had killed mother. (may be prosecuted for both mom & fetus death)
--had to be born alive = expelled from mother + show independent signs of vitality.
☑ killing during perpetration of Enumerated Felony[Burglary, Arson, Robbery, Kidnapping, Escape, Sexual Battery, Aggravated Child/Elderly/Disabled, Aircraft Piracy, Bombs, Murder, Resisting officer w/violence, terrorism, aggravated stalking, home invasion, distributing/manufacturing drugs that cause death].
☑ even if death is of Co-Felon.
☑ Attempted Felony Murder--where one attempts or aids in a non-essential element + No death is caused = attempted felony murder (life imprisonment)
MBE--not liable for death of co-felons; only a handful of felonies were enumerated.
Year and a Day Rule
FLA--abolished in FL.
MBE--death of vic must occur within 1 year and 1 day of the injury or wound.
- ☑ Secretly confining, abducting, imprisoning of another, +
- ☑ forcibly or threat, +
- ☑ against willl, +
- ☑ unlawfully, +
- ☑ intent to hold for ransom, bodily harm, terrorize or to interfere w/govt.or official functions.
- ☑ Kidnapping, +
- (secret confinement/abduction etc; by force/threat; unlawfully & against the will)
- ☑ for any purpose not enumerated in kidnapping statute.
- Misdemeanor in First Degree:
- ☑ willfully, maliciously,
- ☑ repeatedly follows/harasses another.
- Aggravated Stalking (3rd degree Felony)
- ☑ stalking,( willful/malicious + repeated follow/harass)☑ credible threat,
- ☑ intent to place vic in reasonable fear death/bodily injury, or
- ☑ threat relates to bodily harm/death of person, person's child, parent, spouse, dependent.
- ☑ course of conduct,
- ☑ through electronic means,
- ☑ directed at specific person,
- ☑ without legitimate purpose,
- ☑ causing substantial emotional distress.
- * punish as stalking/or aggravated.
- ☑ taking of motor vehicle,
- ☑ from person/custody of another,
- ☑ intent to deprive (permanent or temporary),
- ☑ force or threat of force, assault, putting in fear.
* First Degree Felony.
Home Invasion Robbery
- ☑ Robbery,
- (breaking/entering dwelling with intent to commit felony)
- ☑ with occupants in the dwelling.
* First Degree Felony.
- ☑ secretly observing,
- ☑ lewd & lascivious/indecent intent,
- ☑ another in a dwelling/conveyance where one has reasonable expectation of privacy,
- ☑ or the intimate body parts of another that are reasonably protected from public view, (public or private)
* First degree Felony (3rd conviction and on = third degree Felony.
- ☑ Intentional,
- ☑ use/installation of imaging device,
- ☑ secretly view/records/broadcasts,
- ☑ for anyone's amusement/arousal/degrading the other,
- ☑ without consent,
- ☑ while person's body is exposed,
- ☑ in place where person has reasonable expectation of privacy.
* also includes dissemination of images.
- ☑ Penetration by another, (anal/oral/vaginal),
- ☑ Penetration by object (anal, vaginal).
- * punishment depends on aggravating factors. (age of vic/force used etc.)
- * no death penalty, but capital offense for minimum imprisonment purposes.
- ☑ ignorance of age = no defense.
- ☑ Consent = not if mental incapacitation; not for lack of physical or verbal resistance.
Duty to Report Sexual batter
- ☑ reasonably believes she witnessed a sexual battery,
- ☑Doesn't get help,
- ☑ present ability to seek help,
- ☑ no threat/force prevents seeking help,
- ☑ Not a close relative (perpetrator or vic),
- ☑ is not the victim.
* First degree Misdemeanor.
Custodial Authority + Solicitation of Sex
- ☑ Familial custodial/familial authority,
- ☑ solicits sex from child (12-17 years old),
*third degree felony. (first degree if actually happens)
Consent = not a defense.
of government employee = Felony in Third degree.
Lewd Lascivious or Indecent Assault or Act upon or in Presence of child under 16 years old
- Lewd/Lascivious Battery:
- ☑ victim = 12 -15 year old;
- ☑ encourages or forces any sexual activity.
- * 2nd D. felony.
- ☑ intentionally touches or forces them to touch the perpetrator, (lewd lascivious manner)
- ☑ private sexual areas, (covered or not),
- ☑ Victim = under 16.
Lewd Lascivious Conduct & Exhibition
- L & L Conduct:
- ☑ intentionally,
- ☑ touches or solicits touching,
- ☑ younger than 16.
- * if perp is under 18 = felony in 2nd D.
- * if perp is over 18 = felony in 3rd. D.
- L&L exhibition:
- ☑ Perp. performs l&l,
- ☑ presence of under 16YO,
- ☑ or online w/knowledge that Floridian under 16 will view.
* same as above
Crimes Against Nature (homosexual)
Prohibits homosexual Acts as Unnatural and Lascivious.
- ☑ marriage/sex,
- ☑ lineal and collateral relations. (not cousins though)
- ☑ Marrying another,
- ☑ while having a living spouse.
UNLESS--(1) reasonable belief prior spouse is dead; (2) spouse left & remained absent for 3 years and perp had no knowledge that he was alive; (3) dissolved prior marriage; (4) reasonably reliance on judgment terminating/annulling; (5) or
reasonably believed he legally eligible to marry.
- ☑ Taking property,
- ☑ from person or custody,
- ☑ intent to deprive (permanently or temporarily)
- ☑ In the course of taking uses w/force/threat/assault/putting in fear,
- (prior to/contemporaneous or subsequent to the taking when the taking constitutes a series of event)
- * if no weapon = 2nd Degree Felony.
- * if weapon = 1st D.F.
Consolidate Embezzlement, False Pretense, Larceny and Receipt of Stolen Property.
- ☑ Knowingly,
- ☑ Obtains/uses/ or attempts the same,
- ☑ property of another,
- ☑ w/intent to deprive (permanently/temporary) = the other of the prop or benefit or to appropriate for his own or anothers' use.
*grand theft in the 1stD; 2nd; 3rd Felonies, and Petite theft Misdemeanor. (depends on value of prop). *lower monetary value threshold if VIC is over 65 YO
+ knowledge (actual or constructive). *increase penalty if state of emergency
declared and theft facilitated by emergency.* Increase penalty if Conspiracy
* illegal to possess/use/attempt any anti-shoplifting devise/measure
within retail establishment.
Merger of Crimes
☛ Solicitation & Attempt = Merge into completed offense.
☛ conspiracy never merges.
Specific Intent Crimes
- ☛ Solicitation;
- ☛ Attempt
- ☛ Conspiracy;
- ☛ First Degree Murder;
- ☛ Assault (intent to commit battery)
- ☛ Larceny and Robbery (intent to deprive)
- ☛ Burglary; (commit felony in dwelling)
- ☛ Forgery (to defraud)
- ☛ False Pretense (defraud)
- ☛ Embezzlement (defraud)
- ☑ Entering,
- ☑ dwelling or structure,
- ☑ with intent to commit an Offense therein,
- -------unless premises open to public at that time. (no burglary can happen when open)
- ☑ Or entering w/License or Invitation but:
- i) staying hidden w/intent to commit offense;
- ii) after permission is withdrawn w/intent to commit offense;
- iii) to commit or attempt a forcible felony.
- ☛ Consent = affirmative defense to burglary;
- ☛ any building or curtilage is dwelling enough;
- ☛ Stealthy Entrance + w/out Consent = Prima facie evidence of Intent to commit offense.
- ☛ Willful or Unlawful or while committing a Felony,
- ☛ Damages structure by fire/explosive.
- ---if dwelling/type where peeps usually present/grounds to suspect it would be occupied = First Degree Arson. [30Years/10K]
- A General Intent Crime
- mbe--the malicious burning of dwelling house of another.
- Materiality of the statement is not a q of fact.
- ☛ Recantation Defense --admits falseness in same proceeding + statement has not substantially affected proceeding + admitted voluntarily and not because of imminent exposure.
Deliberate concealment of knowledge of felony (except for sex battery) is not a crime.