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42 Cards in this Set

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Elements of Florida's stalking statute
Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking.
Is stalking a felony or a misdemeanor?
Misdemeanor
List the inchoate offenses
Attempt, solicitation, and conspiracy
What is an inchoate offense?
An offense committed prior to and in preparation for what may be a more serious offense
What is attempt?
An act, done with the intent to commit a crime, which falls short of completing the crime. The defendant MUST have committed an overt act beyond mere preparation.
Is abandonment a defense to attempt in Florida?
Yes.
What is conspiracy?
An agreement between two or more parties to commit a crime to pursue an unlawful purpose.
What are the elements of conspiracy in FL?
(i) an agreement
(ii) an intent to enter into the agreement
(iii) intent to achieve an unlawful objective
Is abandonment a defense to attempt under common law?
No.
Does Florida require an overt act to complete the crime of conspiracy?
No.
Do most states require an overt act to complete the crime of conspiracy?
Yes.
What is a defense to the charge of conspiracy in Florida?
The accused, after having engaged in the conspiracy, persuades all co-conspirators not to commit the target offense or otherwise prevents its commission. The renunciation must be complete and voluntary.
Does attempt merge into the completed crime?
Yes.
Does conspiracy merge into the completed crime?
No.
What is solicitation?
Inciting another to commit a crime with the specific intent that the person solicited commit the crime.
Does solicitation merge into the completed crime?
Yes.
What is a defense to the charge of solicitation in Florida?
The accused, after having engaged in the solicitation, persuades the solicitee not to commit the target offense or otherwise prevents its commission. The renunciation must be complete and voluntary.
What is homicide?
The unlawful killing of another person with malice aforethought.
What does malice aforethought mean in Florida?
Any reason to commit homicide that isn't justified or excused.
What is manslaughter?
Unlawful killing of another person by act, procurement, or culpable negligence without legal justification.
What is involuntary manslaughter?
Death resulting from criminal negligence.
What is first-degree murder?
(i) Perpetration of an unlawful killing from a premeditated design;
(ii) A killing by a person participating in the perpetration of, or attempt to perpetrate, an enumerated felony
(iii) Distribution or preparation of certain controlled substances where the drug proximately causes the death of the user
What are the enumerated felonies for felony murder?
Drug trafficking, arson, sexual battery, robbery, burglary, kidnapping, escape, aggravated child abuse, aggravated elder/disabled person abuse, aircraft piracy, throwing/placing/discharging a bomb, distribution of certain controlled substances where the drug proximately causes the death of the user, carjacking, home invasion robbery, aggravated stalking, murder, resisting an officer with violence to his person, terrorism
If there is no time to reflect or insufficient time for cooling off, what degree of murder is it?
Second.
What is second-degree murder?
(i) Unlawful killing when perpetratted 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
(ii) killing by a person other than the accused or a co-felon, during the perpetration of, or attempt to perpetrate, an enumerated felony
What is third-degree murder?
Committing an unlawful killing during the commission of a non-enumerated felony.
What is battery?
Unlawful application of force to the person of another resulting in bodily injury or offensive touching.
What is larceny?
(i) the taking
(ii) and carrying away
(iii) of the personal property
(iv) from the possession of another person
(v) with the intent to permanently deprive the person of their interest in the property
What is robbery?
A larceny accomplished by means of violence or serious threats of bodily harm.
What is burglary in Florida?
Entering or remaining in a dwelling/structure/conveyance with the intent to commit an offense therein, unless the premises are open to the public at the time or the defendant is licensed/invited to enter.
What elements has Florida eliminated for burglary?
Breaking, dwelling, nighttime, felony
Is voluntary intoxication a defense?
No.
Is necessity a defense?
Yes.
What is the necessity defense?
The conduct was engaged in as a result of pressure from natural forces and that the person reasonably believed the conduct was necessary to avoid a greater harm.
Is justification a defense?
Yes.
What are the justification defenses?
Self-defense, defense of others, to prevent a commission of a felony in a dwelling, in defense of property other than a dwelling to prevent imminent commission of a forcible felony
Is self-defense objective or subjective?
Objective.
What is the self-defense standard?
Can use force when, and to the extent, that reasonably believes necessary to defend self or a third party against another's imminent use of unlawful force.
Is there a duty to retreat in Florida?
No, if not engaged in unlawful activity.
Is entrapment a defense in Florida?
Yes.
How can you succeed with an entrapment defense?
(i) criminal design originated with law enforcement officers
(ii) defendant wasn't predisposed to commit the crime before initial contact by the government
Is entrapment an objective or subjective test?
Subjective.