Criminal Law: Affrays and Riots
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Questions and Answers

What is the penalty for committing aggravated inciting a riot?

  • Felony of the third degree
  • Misdemeanor of the second degree
  • Felony of the second degree (correct)
  • Misdemeanor of the first degree

    • What happens to a person arrested for a violation of this section?

  • Fined $500
  • Held in custody until brought before the court (correct)
  • Sentenced to community service
  • Released on bail immediately

    • What is the minimum number of persons required to constitute an unlawful assembly?

  • Five
  • Three (correct)
  • Two
  • Four

    • Who can disperse a riotous assembly?

    <p>Any peace officer</p> Signup and view all the answers

    What is the penalty for refusing to aid and assist in seizing and securing rioters?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the purpose of section 870.041?

    <p>To empower local officers to declare a state of emergency</p> Signup and view all the answers

    What is the condition under which a person incites a riot resulting in great bodily harm to another person not participating in the riot?

    <p>Aggravated inciting a riot</p> Signup and view all the answers

    What is the penalty for a person who incites a riot resulting in property damage in excess of $5,000?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is exempt from the provisions of this section?

    <p>Constitutionally protected activity such as a peaceful protest</p> Signup and view all the answers

    Who is authorized to command assistance in seizing and securing rioters?

    <p>Any peace officer</p> Signup and view all the answers

    What is the minimum number of people required to participate in a violent public disturbance to be considered a riot?

    <p>3</p> Signup and view all the answers

    What is the penalty for committing a misdemeanor of the first degree?

    <p>Punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    What is the result of a riot that includes injury to another person?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is aggravated rioting?

    <p>Participating in a riot with 25 or more people</p> Signup and view all the answers

    What is the penalty for committing aggravated rioting?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the result of inciting a riot?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is required for an affray to occur?

    <p>Mutual consent and fighting with another person in a public place</p> Signup and view all the answers

    What is the penalty for committing a riot that results in property damage?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of Section 870.07?

    <p>To provide an affirmative defense in civil actions for damages</p> Signup and view all the answers

    How can a defendant establish an affirmative defense under Section 870.07?

    <p>By showing a prior conviction for riot or aggravated riot</p> Signup and view all the answers

    What happens to a civil action when a defendant raises an affirmative defense under Section 870.07?

    <p>The court must stay the action during the pendency of a related criminal action</p> Signup and view all the answers

    What type of evidence is required to establish the affirmative defense under Section 870.07?

    <p>Preponderance of the evidence</p> Signup and view all the answers

    When can a court deny a defendant's request to stay a civil action under Section 870.07?

    <p>When the court finds that a conviction in the criminal action would not form a valid defense</p> Signup and view all the answers

    Who is empowered to declare a state of emergency in unincorporated areas of a county?

    <p>The sheriff of the county</p> Signup and view all the answers

    What is the primary condition for declaring a state of emergency?

    <p>There is a clear and present danger of a riot or other general public disorder</p> Signup and view all the answers

    Which of the following is a prohibited act during a declared state of emergency?

    <p>The intentional display of firearms in a store</p> Signup and view all the answers

    Who may designate a city official to declare a state of emergency in a municipality?

    <p>The city council of the municipality</p> Signup and view all the answers

    What is the purpose of declaring a state of emergency?

    <p>To protect public peace and order</p> Signup and view all the answers

    Which of the following is a discretionary emergency measure?

    <p>The establishment of curfews</p> Signup and view all the answers

    What is the exception to the prohibition of pedestrian and vehicular movement during a declared state of emergency?

    <p>All of the above</p> Signup and view all the answers

    Which of the following is NOT a prohibited act during a declared state of emergency?

    <p>The distribution of emergency supplies</p> Signup and view all the answers

    Who is designated as the city official to assume duties during a state of emergency if no ordinance is adopted?

    <p>The chief of police of the municipality</p> Signup and view all the answers

    What is the purpose of Section 870.041-870.047?

    <p>To provide emergency powers during a state of emergency</p> Signup and view all the answers

    What is the main objective of the prohibition of sale or transfer of possession of gasoline or flammable liquids?

    <p>To ensure the safe transportation of such liquids</p> Signup and view all the answers

    Who is responsible for declaring a state of emergency in the area or areas affected?

    <p>The public official</p> Signup and view all the answers

    What is the duration of a state of emergency established under ss. 870.041-870.046?

    <p>72 hours</p> Signup and view all the answers

    What is the penalty for violating a provision of ss. 870.041-870.047 or any emergency measure established pursuant thereto?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Under what circumstances can a person be held guiltless and fully justified in law for killing or wounding someone?

    <p>When attempting to disperse an assembly</p> Signup and view all the answers

    What is the requirement for a body of persons to associate themselves together as a military organization in the state?

    <p>Special license from the Governor for each occasion</p> Signup and view all the answers

    What is the penalty for unlawfully engaging in the formation of a military organization or participating in such drill or parade?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the purpose of filing and publication of a state of emergency or emergency measure?

    <p>To inform the public of the emergency</p> Signup and view all the answers

    Who can terminate a state of emergency?

    <p>The county commission or city council</p> Signup and view all the answers

    What is the requirement for the publication of a state of emergency declaration or emergency measure?

    <p>Delivery to appropriate news media for publication and radio and television broadcast</p> Signup and view all the answers

    Study Notes

    • A person commits an affray if they engage in fighting with another person in a public place, causing terror to the people. This is a misdemeanor of the first degree.
    • A person commits a riot if they participate in a violent public disturbance with three or more people, resulting in injury, property damage, or imminent danger. This is a felony of the third degree.
    • Aggravated rioting occurs when a person participates in a riot and:
      • Has 25 or more people participating
      • Causes great bodily harm to a non-participant
      • Causes property damage exceeding $5,000
      • Displays, uses, or threatens to use a deadly weapon
      • Endangers the safe movement of a vehicle Aggravated rioting is a felony of the second degree.
    • Inciting a riot occurs when a person willfully incites another to participate in a riot, resulting in a riot or imminent danger. This is a felony of the third degree.
    • Aggravated inciting a riot occurs when a person:
      • Incites a riot resulting in great bodily harm to a non-participant
      • Incites a riot resulting in property damage exceeding $5,000
      • Supplies a deadly weapon to another person in a riot Aggravated inciting a riot is a felony of the second degree.

    Unlawful Assemblies

    • If three or more people meet to commit a breach of the peace or an unlawful act, each person commits a misdemeanor of the second degree.

    Law Enforcement Response to Riots

    • Authorized officers (sheriffs, mayors, police officers, etc.) can declare a state of emergency and exercise emergency powers to disperse a riotous assembly.
    • During a declared state of emergency, certain acts are prohibited, including:
      • Sale or offer to sell ammunition or firearms
      • Display of firearms in stores
      • Possession of firearms in public
    • Authorized officers can also impose curfews, prohibit the sale of alcoholic beverages, and restrict the possession of flammable liquids.

    Penalties and Justification

    • Violations of riot-related offenses can result in fines and imprisonment.
    • Law enforcement officers and those acting under their direction are justified in their actions to disperse a riotous assembly and are not liable for injuries or deaths that occur during the dispersal process.

    Unauthorized Military Organizations

    • No group of people can associate as a military organization without a special license from the Governor, except for the regularly organized land and naval militia, US troops, and educational institutions.
    • Unauthorized military organizations and participants in such organizations can be charged with a misdemeanor of the second degree.

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    Description

    This quiz covers the legal definitions and punishments for affrays and riots, including the elements of fighting in a public place and violent public disturbances.

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