Florida Criminal Law Outline

 Components of a Crime:
o Act
o Mental State
o Causation
o Defenses
 Jurisdiction: In homicide cases, if a body is discovered in Florida, the death (i.e., the
“result”) is presumed to have occurred in Florida
o Florida has jurisdiction if…
 The fatal blow occurred in Florida
 The death of the victim occurred in Florida
 Or an essential element of the crime occurred in Florida
 Classifications of Crimes in Florida
o Noncriminal Violations: Offenses punishable only by fine, forfeiture, or civil
remedy
o Capital Felony: Death or life imprisonment with no parole
 No fine provided
o Life Felony: Life or a term of years not exceeding life
 $15,000
o Felony of the First Degree: Term not exceeding 30 years, or, when so provided
o by statute, by a term not exceeding life
 $10,000
o Felony of the Second Degree: Term not exceeding 15 years
 $10,000
o Felony of the Third Degree: Term not exceeding 5 years
 $5,000
o Misdemeanor of the First Degree: Term not exceeding 1 year
 $1,000
o Misdemeanor of the Second Degree: Term not exceeding 60 days
 $500
o The judge can also impose a fine equal to twice the defendant’s gain or twice the
victim’s loss
o These penalties apply only in the absence of a contrary statutory provision
 Mental States
o Mere knowledge that an offense is being committed, coupled with mere presence
at the scene, without more, doesn’t establish requisite criminal intent
o Purposely: When you desire the result
o Knowingly: When you're consciously aware that the result is practically certain to
occur
o Recklessly: Conscious awareness of taking a substantial and unjustifiable risk
o Negligently: Acting unreasonably
 Accomplice Liability: Form of vicarious liability, where one person can be held liable
for the acts of another

1
 o Parties to a Crime: Florida has abolished the distinction between a principal and
an accessory before the fact
 Inchoate Crimes
o Effect of Acquittal of Other Conspirators:
 In Florida, acquittal of co-conspirators doesn’t preclude prosecution of a
remaining defendant for conspiracy
 Prosecution isn’t precluded where one or all co-conspirators have been
convicted of the substantive offense, even though all have been acquitted
of conspiracy
o Overt Act: Florida doesn’t require an overt act to complete the crime of
conspiracy, only…
 Intent to enter into an agreement
 Agreement amongst all co-conspirators
 And requisite intent to commit the crime
 Attempt
o Abandonment
 Florida provides a defense to criminal attempt if the accused, after having
engaged in a criminal attempt, abandons his attempt to commit the
offense, or otherwise prevents its commission
 Circumstances must manifest a complete and voluntary renunciation of
criminal purpose by the accused
 Insanity
o Florida: Adheres to the M’Naghten Rule and doesn’t permit use of “irresistible
impulse” as a defense in criminal cases
o M’Naghten Rule: Whether the defendant suffered from a serious mental disease
or defect, which prevents them from knowing right or wrong, or nature of their
conduct
 Defendant has the burden of proof, by clear and convincing evidence
 Intoxication
o Voluntary Intoxication: Not a defense to any offense proscribed by law
 Evidence of a defendant’s voluntary intoxication isn’t admissible to show
defendant lacked the specific intent to commit an offense
 Or that defendant was insane at the time of the offense
 Exception: When consumption, injection, or use of a controlled
substance was pursuant to a lawful prescription issued to defendant
by practitioner
 Justification
o Florida: Permits use of deadly force in self-defense, defense of others, to prevent
commission of a felony in a dwelling, and defense of property other than a
dwelling to prevent imminent commission of a “forcible felony”
o Forcible Felony:
 Treason
 Murder
 Manslaughter
 Sexual battery

2
  Robbery
 Burglary
 Arson
 Kidnapping
 Aggravated assault
 Aggravated battery
 Aircraft piracy
 Bombing
 Any other felony involving use/threat of physical violence against any
person
 Retreat
o Stand Your Ground: Person not engaged in unlawful activity, attacked in any
place where they have a right to be has no duty to retreat and can use deadly
force, if they reasonably believe it’s necessary to prevent death or great bodily
harm to themselves or another, or prevent commission of a forcible felony
 Entrapment
o Florida: Uses a subjective test to determine whether the method of inducement
creates “a substantial risk that such crime will be committed by a person other
than one who is ready to commit it”
 If egregious law enforcement conduct is present, entrapment must be
objectively reviewed under due process provisions
 Government misconduct that violates due process rights of a defendant
requires dismissal of the criminal charges against the defendant, regardless
of their predisposition to commit the crime
 Offenses Against the Person
o Homicide: Unlawful killing of another human being
o Degrees of Murder in Florida
 Murder in the First Degree:
 The perpetration of an unlawful killing from a premeditated design
 A killing by a person participating in the perpetration of, or attempt
to perpetrate, an “enumerated” felony
 And the distribution of certain controlled substances, or their
preparation by an adult, where the drug proximately causes the
death of the user
 Murder in the Second Degree: Arises from either…
 An unlawful killing “when perpetrated by any act imminently
dangerous to another and evincing a depraved mind regardless of
human life, although without any premeditated design to effect the
death of any particular individual”
 Or a killing by a person other than the accused or a co-felon,
during the perpetration of, or attempt to perpetrate, an enumerated
felony
 Murder in the Third Degree: When a person commits an unlawful
killing during the commission of a “non-enumerated” felony
o Felony Murder: Unlawful killing of a human being, during the perpetration or
attempted perpetration of certain crimes

3
  Types of Crimes:
 Sexual battery
 Arson
 Drug trafficking offenses
 Burglary
 Robbery
 Escape
 Aggravated child abuse
 Aggravated abuse of an elderly person or disabled adult
 Kidnapping
 Throwing, placing, or discharging of a bomb
 Aircraft piracy
 Distribution of certain controlled substances by an adult, where the
drug proximately causes the death of the user
 Murder
 Aggravated stalking
 An act of terrorism or in furtherance of an act of terrorism
 Resisting an officer with violence to his person
 Carjacking
 Or home-invasion robbery
 Analysis
 For first degree felony murder, look for co-felons and enumerated
crimes
 Second degree felony murder, look for non-felons and enumerated
crimes
 Third degree felony murder is a killing during a non-enumerated
felony
 Stalking
o Misdemeanor Stalking: Any person who willfully, maliciously, and repeatedly
follows or harasses another person commits the offense of stalking, a first degree
misdemeanor
 Aggravated as well as other physical crimes
 Sex Offenses
o Sexual Battery: Constitutes rape and statutory rape in Florida
 Victim Under 12 Years of Age: Sexual battery or injuring the sexual
organs of such a person during an attempt to commit a sexual battery is no
longer a capital felony when perpetrated by an adult
 When perpetrated by a minor, it’s a life felony
 Property Offenses
o Florida: Consolidated larceny, embezzlement, false pretenses, and receiving
stolen property into 1 broad general theft statute
o Omnibus Theft Statute: A person is guilty of theft if they knowingly obtain or
use, or endeavor to obtain or use, the property of another with intent to, either
temporarily or permanently…
 Deprive the other person of a right to the property or a benefit therefrom

4
  Appropriate the property to his own use or to the use of any person not
entitled thereto
 Offenses Against the Home
o Burglary: Occurs when a person…
 Enters a dwelling, structure, or conveyance with intent to commit an
offense therein
 Unless the premises are at the time open to the public or the
defendant is licensed or invited to enter
 Or notwithstanding a licensed or invited entry, remaining in a dwelling,
structure, or conveyance
 Surreptitiously, with the intent to commit an offense therein
 After permission to remain therein has been withdrawn, with the
intent to commit an offense therein
 Or to commit or attempt to commit a forcible felony
o Occupancy: Florida has held occupancy is no longer a critical element of the
definition of “dwelling”, but rather that it’s the design of the structure or
conveyance that’s paramount
 Structure: Any building and its curtilage
 Ex: Enclosed backyard
 Conveyance: Any motor vehicle, ship, vessel, railroad car, trailer, aircraft,
or sleeping car
o Arson: In Florida, a person commits arson if they willfully or unlawfully, or
while in the commission of any felony, damage any structure by fire or explosives
 Structure: Includes buildings of any kind, any enclosed area with a roof,
and any vehicle or aircraft
 Arson in Florida is a general intent crime