Domestic Violence Criteria: Chapter 741, F.S.

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Questions and Answers

What is the primary factor that determines if an incident is considered domestic violence?

The severity of the physical injury

The type of crime committed

The number of previous calls to the location

The relationship between the perpetrator and the victim (correct)

Who should be arrested in a domestic violence incident?

Only the victim

Neither the perpetrator nor the victim

Both the perpetrator and the victim

Only the perpetrator (correct)

According to Florida law, which of the following is NOT a type of domestic violence?

Stalking

Theft (correct)

Assault

Kidnapping

When determining if an incident meets the criteria for domestic violence, what should you consider?

The physical injury and the relationship between the parties Signup and view all the answers

What should you do when approaching a domestic violence scene?

Consider the presence of weapons and previous calls to the location Signup and view all the answers

What is the preferred response in a domestic violence incident?

Arresting the primary aggressor Signup and view all the answers

Who is considered a family or household member?

Persons related by blood or marriage, persons who live together as a family, and people who are parents of a child in common Signup and view all the answers

When should you arrest the abuser in a domestic violence incident?

After thorough investigation and determining probable cause Signup and view all the answers

What is the primary difference between false imprisonment and kidnapping?

Intent to commit other crimes Signup and view all the answers

What must be documented for a kidnapping charge?

Forcible confinement, abduction, or imprisonment against the victim's will without lawful authority, and intent to commit additional crimes Signup and view all the answers

Which of the following is NOT a reason for kidnapping?

To provide medical assistance Signup and view all the answers

What is the consequence of kidnapping a child younger than 13 with aggravated child abuse?

Life felony charge Signup and view all the answers

When should you notify your supervisor and command staff in a kidnapping case?

If there is a significant threat to the victim's well-being Signup and view all the answers

What is the minimum requirement for confinement, abduction, or imprisonment in a kidnapping case?

Not slight, inconsequential, or merely incidental to the other crime Signup and view all the answers

What type of crime is often associated with kidnapping?

Armed robbery and sexual battery Signup and view all the answers

What is the jurisdiction for kidnapping?

Both state and federal Signup and view all the answers

What is the primary purpose of the Blue Alert?

To notify the public of a law enforcement officer who has suffered serious bodily injury or is missing Signup and view all the answers

What type of information is typically broadcast through the Blue Alert?

A detailed description of the suspect's vehicle or other means of escape Signup and view all the answers

What is the first step to take when responding to a missing person incident?

Contact your supervisor Signup and view all the answers

What is a common reason why sexual battery is underreported?

The victim may be embarrassed or have a continuing relationship with the suspect Signup and view all the answers

What is the purpose of evaluating the contents and appearance of the missing person's room and personal spaces?

To learn if items are missing Signup and view all the answers

What type of items can be sources of fingerprints, DNA, and scent?

Hairbrushes, drinking glasses, toys, and other items Signup and view all the answers

What is included in the definition of sexual battery?

Non-consensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another Signup and view all the answers

What is the purpose of conducting a neighborhood canvass?

To learn if the missing person was seen in the area Signup and view all the answers

What is not considered consent in a sexual battery case?

Coerced submission Signup and view all the answers

Who are considered incapable of giving consent?

Certain categories of people as recognized by the law Signup and view all the answers

What is MEPIC?

A program that provides specific guidelines for conducting a missing persons investigation Signup and view all the answers

What is an important consideration when searching for a missing person?

The missing person's age and physical ability Signup and view all the answers

What is a concern for victims of sexual battery?

They will not be believed during the investigation and in subsequent courtroom proceedings Signup and view all the answers

What is the goal of a trauma-informed response to incidents involving a sexual offense?

To respond in a way that minimizes further trauma to the victim Signup and view all the answers

What is the main difference between sexual battery and other types of crimes?

The fact that it is a non-consensual act Signup and view all the answers

Why may a victim of sexual battery be afraid to report the crime?

They may be afraid of the suspect's revenge Signup and view all the answers

What is an additional method used to broadcast a Purple Alert?

Through lottery terminals Signup and view all the answers

What is the criteria for activating a Purple Alert?

The missing adult has a mental or cognitive disability that is not Alzheimer's disease or a dementia-related disorder Signup and view all the answers

What is required before a Purple Alert can be activated?

The missing person must be entered into FCIC and a statewide BOLO must be issued Signup and view all the answers

What is the purpose of a Purple Alert?

To aid in the rescue or recovery of cognitively impaired missing persons Signup and view all the answers

What is a requirement for broadcasting a Purple Alert?

The missing adult's disappearance must indicate a credible threat of immediate danger or serious bodily harm Signup and view all the answers

What is the role of MEPIC in missing person cases?

To open a case and coordinate with FDOT and DHSMV to activate dynamic messaging signs Signup and view all the answers

What is the primary role of the Florida Department of Elder Affairs in missing person cases?

To provide an email alert notification through the Aging Services Network Signup and view all the answers

What is a necessary step before activating a Purple Alert?

The missing person must be entered into FCIC and a statewide BOLO must be issued Signup and view all the answers

What is an essential element to document in an assault?

The suspect's ability to carry out the threat Signup and view all the answers

What upgrades a battery charge to aggravated battery?

If the victim is pregnant at the time of the battery Signup and view all the answers

What is required for a weapon to be considered deadly?

It must be used in a way likely to cause death or great bodily harm Signup and view all the answers

What is the consequence of committing aggravated assault?

It is a felony of the third degree Signup and view all the answers

What is an element of aggravated battery?

The suspect's intent to cause great bodily harm Signup and view all the answers

What is required to document for an aggravated assault charge?

The suspect's intent to threaten the victim, use of a deadly weapon, and the victim's fear Signup and view all the answers

What is the consequence of committing assault?

It is a misdemeanor of the second degree Signup and view all the answers

What is an essential element to document in a battery?

The suspect's intentional touching or striking of the victim Signup and view all the answers

Under what circumstances can an assault or battery be reclassified to a more serious class of offense?

When the victim is 65 or older, or is a specific type of employee Signup and view all the answers

Who can be considered a victim for reclassification of an assault or battery?

School employees, sports officials, emergency medical care providers, and others Signup and view all the answers

What is required to establish reclassification of an assault or battery?

That the victim was performing job duties and the suspect knew or should have known Signup and view all the answers

What additional elements are required to reclassify an assault or battery of a correctional facility employee?

Five specific elements, including the suspect's intent and the victim's job duties Signup and view all the answers

Why is reclassification of an assault or battery important?

It can lead to a stronger sentence Signup and view all the answers

What type of employee can be a victim for reclassification of an assault or battery?

School employees, sports officials, and public transit employees Signup and view all the answers

When can reclassification of an assault or battery occur?

When the victim is performing job duties Signup and view all the answers

What is the purpose of reclassification of an assault or battery?

To increase the sentence Signup and view all the answers

What is the purpose of comparing physical evidence to statements in a domestic violence incident?

To identify the abuser and make an arrest Signup and view all the answers

What is a common characteristic of defensive wounds?

Bruising or cuts on outer forearms, back, or backs of legs Signup and view all the answers

What is an important factor to consider when determining the abuser in a domestic violence incident?

Past incidents of violence Signup and view all the answers

What is a characteristic of dating violence?

A continuing and significant relationship of a romantic or intimate nature Signup and view all the answers

What is NOT required for an investigation, arrest, and charge in a domestic violence incident?

The victim's consent Signup and view all the answers

What is an example of economic abuse or dependency?

The abuser taking the only credit card Signup and view all the answers

What should you look for when determining if the suspect has destroyed any security or surveillance devices?

Broken doors or window locks Signup and view all the answers

What is an important aspect to consider when assessing the verbal and non-verbal communication of the involved persons?

The body language Signup and view all the answers

What is the minimum age of a child that can be a victim of child abuse?

18 Signup and view all the answers

What is an example of physical injury that can result from child abuse?

Bone or skull fracture Signup and view all the answers

What determines if a child victim has suffered mental injury from child abuse?

Expert testimony from a mental health professional Signup and view all the answers

What is an example of aggravated child abuse?

Willfully torturing a child Signup and view all the answers

What is child neglect?

A caregiver's failure to provide essential services for a child's well-being Signup and view all the answers

What is the purpose of documenting the elements of child abuse?

To determine if the incident meets the criteria for child abuse Signup and view all the answers

What is an example of a type of harm that can result from child abuse?

Broken bone Signup and view all the answers

What is the purpose of determining if an incident is child abuse or aggravated child abuse?

To determine the appropriate response to the incident Signup and view all the answers

What is the primary purpose of the Silver Alert?

To aid in the rescue or recovery of a missing adult who suffers from dementia, Alzheimer's disease, or other mental disability Signup and view all the answers

What is the minimum age requirement for a person to qualify for a Florida Silver Alert?

60 or older Signup and view all the answers

What is the criteria for activating dynamic message signs through the Florida Department of Transportation (FDOT) and the Florida Highway Patrol (FHP)?

Local law enforcement has already activated a local or regional alert and the disappearance poses a credible threat to the person's welfare and safety Signup and view all the answers

What is the role of the Missing Endangered Persons Information Clearinghouse (MEPIC) in missing person cases?

To coordinate with the Florida Department of Transportation (FDOT) and the Florida Highway Patrol (FHP) to broadcast vehicle information about the missing person Signup and view all the answers

What type of information can be broadcast through the Silver Alert system?

The missing person's name, photo, and vehicle information Signup and view all the answers

What is the purpose of the Silver Alert system?

To aid in the rescue or recovery of a missing adult who suffers from dementia, Alzheimer's disease, or other mental disability Signup and view all the answers

What is the criteria for a person to qualify for a Silver Alert if they are between 18 to 59 years old?

The person must lack the capacity to consent Signup and view all the answers

What is the role of local law enforcement in activating the Silver Alert system?

To investigate the missing person case and determine if the criteria for a Silver Alert are met Signup and view all the answers

What is considered a form of child exploitation that can be prosecuted on the federal level?

Child pornography Signup and view all the answers

What should you do if you respond to a call involving child pornography on a computer or an electronic device?

Do not touch the device or attempt to find more images Signup and view all the answers

What is considered a sexual performance by a child?

All of the above Signup and view all the answers

Why should you be aware that many sexual offenders and predators on probation or parole cannot have any pornography in their possession?

Because they may be court-ordered not to have a computer at all Signup and view all the answers

What is considered juvenile sexual abuse?

Any sexual behavior a minor engages in that occurs without the consent of the other person Signup and view all the answers

What should you do when responding to a call involving child pornography?

Notify your supervisor and ask for help Signup and view all the answers

What is considered child pornography?

All of the above Signup and view all the answers

Why should you not touch the device or attempt to find more images when responding to a call involving child pornography?

Because it may inadvertently eliminate or spoil evidence Signup and view all the answers

What is the purpose of notifying your supervisor when responding to a call involving child pornography?

All of the above Signup and view all the answers

What is the consequence of producing, possessing, or distributing child pornography?

It is illegal Signup and view all the answers

Which of the following is a characteristic of human trafficking?

Long-term, ongoing captivity, exploitation, and control of victims Signup and view all the answers

What is a common tactic used by human traffickers to recruit victims?

False promises of employment or a better life Signup and view all the answers

What is the primary purpose of the two threshold questions in determining if a person is a victim of human trafficking?

To determine if the suspect used force, fraud, or coercion Signup and view all the answers

What is the consequence of being a victim of human trafficking?

Being subjected to force, fraud, or coercion for sexual exploitation or forced labor Signup and view all the answers

What is the role of the driver in the scenario described?

The driver is a suspect who recruited the victim for commercial sex acts Signup and view all the answers

What is the purpose of the search of the driver's car?

To find evidence of human trafficking Signup and view all the answers

What is the significance of the 15% to 20% of the proceeds received by the victim?

It is the amount of money earned by the victim for commercial sex acts Signup and view all the answers

What is the reason why the woman had sent a nude picture of herself to the man?

As a mistake Signup and view all the answers

What is the primary indicator of human trafficking in the scenario?

The driver's involvement in transporting the victim Signup and view all the answers

What is the appropriate response to this incident?

Search the driver's car for evidence of human trafficking Signup and view all the answers

Study Notes

Domestic Violence Criteria

Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Family or household member includes spouses, former spouses, persons related by blood or marriage, persons who live together as a family, or who have lived together in the past as a family, and people who are parents of a child in common.
The relationship between the perpetrator and the victim determines if the incident is domestic violence.

Approaching a Domestic Violence Incident

When approaching a domestic violence incident, consider:
- Are there weapons?
- Have there been previous calls to this location?
- Is the incident in progress?
- Is the abuser on the scene?

Arresting the Abuser

If, after thorough investigation, evidence indicates there is probable cause that an offense occurred, and the involved persons are family or household members, arrest the abuser.
Arrest is the preferred response only for the primary aggressor, not for a person who acts in a reasonable manner to protect themselves or a family member from violence.

Determining the Abuser

Obtain each person's statements separately with a backup officer.
Determine if an incident is false imprisonment or kidnapping.

Kidnapping

Kidnapping involves the intent to commit other felonies, while false imprisonment does not require an intention to commit any crime other than the confinement, abduction, restraint, or imprisonment.
Kidnapping can also involve moving the victim.
To document kidnapping, confirm that the suspect forcibly, by threat or secretly confined, abducted, imprisoned, or restrained the victim against their will without lawful authority, and acted with intent to:
- Hold the victim for ransom or reward, or as a shield or hostage
- Commit or help with the commission of a felony
- Inflict bodily harm upon or terrorize the victim or another person
- Interfere with the performance of any government or political function

Initial Response

If an incident is interference with custody, luring or enticing of a child, false imprisonment, or kidnapping, and there is a significant threat to the victim's well-being, follow state and agency guidelines.
Notify the supervisor and command staff immediately.
Contact dispatch and issue a BOLO (Be On the Lookout) with a description of the vehicle and license plate number.

Purple Alert

The statewide Purple Alert aids local law enforcement in the rescue or recovery of a missing adult who has a mental or cognitive disability, intellectual disability, developmental disability, or another physical, mental, or emotional disability that is not related to substance abuse.

Blue Alert

The Florida Blue Alert uses technologies employed by the AMBER Alert to notify the public of critical information when a law enforcement officer has suffered serious bodily injury, is killed, or is missing while in the line of duty and the suspect poses a serious threat to the public.

Responding to a Missing Person Incident

Contact the supervisor as soon as the person is determined to be missing.
Conduct an initial search, including buildings and areas where the person was last seen.
Evaluate the contents and appearance of the missing person's room, home, car, and other personal spaces to learn if items are missing.

Sexual Offenses

Sexual battery is non-consensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.
Consent does not include coerced submission and does not mean the victim failed to offer physical resistance.
The law recognizes certain categories of people who are incapable of giving consent.

Assault and Battery

Assault: intentionally and unlawfully threatening to do violence to a victim, appearing to have the ability to carry out the threat, and creating a well-founded fear of violence
Aggravated Assault: committing assault with a deadly weapon without intent to kill, or with intent to commit a felony; a deadly weapon is one used in a way likely to cause death or great bodily harm
Battery: actually and intentionally touching or striking a victim against their will, or intentionally causing bodily harm to the victim
Aggravated Battery: committing battery with intent or knowledge that great bodily harm will be caused; also upgraded if the victim is pregnant at the time of the battery

Reclassification of Assault and Battery

Certain circumstances can reclassify assault or battery to a more serious offense, including:
- Victim is 65 or older
- Victim is a public or private school employee, sports official, emergency medical care provider, firefighter, police explorer, or public transit employee
- Victim is a traffic accident investigation officer, traffic infraction enforcement officer, or parking enforcement specialist
- Victim is a security officer employed by a community college

Responding to Assault and Battery

To reclassify the crime, establish that the victim was performing job duties at the time of the assault or battery and the suspect knew or should have known the victim's occupation
Consider factors to help identify the abuser and make an arrest, including:
- Comparing physical evidence to statements
- Comparing injuries to statements
- Considering evidence or patterns of assault and coercion
- Assessing verbal and non-verbal communication of involved persons
- Considering past incidents of violence
- Looking for broken doors or window locks, or damaged security devices
- Identifying red flags of economic abuse or dependency

Dating Violence

Dating violence is violence between people who have or have had a continuing and significant relationship of a romantic or intimate nature
Elements of dating violence include:
- A dating relationship within the past six months
- Expectation of affection or sexual involvement
- Frequency and type of interaction over time and on a continuous basis

Child Abuse

Child abuse is knowingly or willfully abusing a child younger than 18 by:
- Intentionally inflicting physical or mental injury
- Committing an intentional act that could reasonably be expected to result in physical or mental injury
- Actively encouraging another person to commit an act that results in or could reasonably be expected to result in physical or mental injury
Physical injury includes death, permanent or temporary disfigurement, or impairment of any body parts
Mental injury is an injury to the intellectual or psychological health of a child

Aggravated Child Abuse

Aggravated child abuse includes:
- Committing aggravated battery upon a child
- Willfully torturing a child
- Maliciously punishing a child
- Willfully and unlawfully caging a child
- Knowingly or willfully committing child abuse, causing great bodily harm, permanent disability, or permanent disfigurement

Child Neglect

Child neglect occurs when a caregiver fails to provide essential care, including food, nutrition, clothing, shelter, medicine, and medical services, for a child's well-being

AMBER and Silver Alerts

AMBER Alert: aids in the rescue or recovery of a missing child by broadcasting a detailed description of the child, abductor, and vehicle to the public
Silver Alert: aids in the rescue or recovery of a missing adult who suffers from dementia, Alzheimer's disease, or other mental disability; uses media, neighborhood alerts, and technology to communicate with the community

Victims' Rights and Brochures

Victims have the right to:
- Due process and to be treated fairly and respectfully
- Freedom from intimidation, harassment, and abuse
- Accurate and timely notice of all public proceedings
- Reasonable protection from the accused and their representatives
- Prevent the disclosure of information or records that could be used to locate or harass the victim or their family
- Consult with the prosecuting attorney concerning plea agreements, bail, and other case dispositions
- Be informed of all post-conviction processes and procedures
- Return of property no longer needed as evidence
- Full and timely restitution
- Proceedings free from unreasonable delay
- Be informed of these rights and the ability to seek the help of an attorney
Victims' rights brochures are available on the FDLE website in multiple languages

Identifying the Abuser

Consider the following factors to help identify the abuser and make an arrest:
- Compare physical evidence to statements
- Compare injuries to statements
- Assess verbal and non-verbal communication of the involved persons
- Consider past incidents of violence
- Consider violent physical acts, such as damaged property or injured animals
- Determine if the suspect has destroyed any security or surveillance devices
- Look for red flags of economic abuse or dependency

Dating Violence

Dating violence is violence between people who have or have had a romantic or intimate relationship
Definition based on:
- A dating relationship within the past six months
- The character of the relationship includes the expectation of affection or sexual involvement
- The frequency and type of interaction must have occurred over time and on a continuous basis

Responding to Child Abuse, Neglect, or Abandonment

Physically separate the child from the alleged abuser to prevent additional harm
Pay attention to how the child interacts with adults or siblings and if they show fear
Conduct a thorough interview of all persons on the scene, considering officer safety
Determine whether a crime has occurred and if abuse or neglect of a child occurred
If necessary, remove the child from the environment and contact the DCF Abuse Hotline

Responding to Interference with Custody, Luring or Enticing of a Child, False Imprisonment, or Kidnapping

Be aware of potential evidence and investigative leads
Request assistance and specialty support units, such as canine, air, and additional units
Consider the fire department, FBI, and FDLE for assistance
If applicable, request an AMBER Alert, Silver Alert, Purple Alert, or Blue Alert

Responding to Missing or Missing Endangered Persons

Respond to the call by gathering information and notifying the supervisor
Request additional assistance and a victim advocate
Consider the complexity of the case and the type of crime

Sexual Offenses Involving Children

Child pornography is a form of child exploitation and can be prosecuted on the federal level
Definition of child pornography includes images depicting a minor engaging in sexual conduct
It is illegal to produce, possess, or distribute child pornography
If responding to a call involving child pornography, do not touch the device or attempt to find more images
Contact the supervisor and ask for help to recover electronic data

Sexual Offenses Committed by Juveniles

Juvenile sexual abuse is any sexual behavior a minor engages in without the consent of the other person or due to coercion
Minors can be perpetrators of sexual offenses, and their behavior can be illegal and harmful

Missing Persons Incidents

A description of the vehicle and a license plate number are required to display.
Local law enforcement must verify the vehicle and license plate information.
A local law enforcement agency must enter the missing person into FCIC and issue a statewide BOLO to other law enforcement and 911 centers.
The Florida Department of Elder Affairs is a resource for local law enforcement to aid in the rescue or recovery of cognitively impaired missing persons.
The Department of Elder Affairs can provide an email alert notification through the Aging Services Network.

Purple Alert

Aids local law enforcement in the rescue or recovery of a missing adult who has a mental or cognitive disability, intellectual disability, developmental disability, or another physical, mental, or emotional disability.
Local law enforcement may broadcast an alert if the missing adult's disappearance indicates a credible threat of immediate danger or serious bodily harm to themselves and they cannot be returned to safety without law enforcement intervention.
The missing adult must not meet the criteria for activation of a Silver Alert.

Sexual Offenses

Sexual battery is a crime that involves non-consensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.
Consent does not include coerced submission and does not mean the victim failed to offer physical resistance.
The law recognizes certain categories of people who are incapable of giving consent, including those who are mentally defective, mentally incapacitated, physically helpless, or physically incapacitated.

Responding to Sexual Battery

Sexual battery victims experience a significant amount of trauma, and officers should follow a trauma-informed approach when responding.
Officers should listen and make observations to put the victim at ease and pave the way for an investigator.
The Sexual Battery Victims' Access to Services Act provides victims of sexual battery access to medical intervention, advocacy, crisis-intervention, and recovery services.
When writing reports, officers should include a chronological description of what occurred and any actions taken to help the victim and gather evidence.

Lewd and Lascivious Offenses

Lewd and lascivious conduct is any sexual act considered to be highly offensive and contrary to common standards of behavior.
Sexual activity means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.
Consent means actively agreeing to do something or giving permission for something to happen, and does not include submission by coercion.
Lewd and lascivious offenses may include battery, molestation, conduct, or exhibition.

Responding to Unlawful Sexual Activity with Certain Minors

Incident involves a person 24 or older who engages in sexual activity with a minor of 16 or 17.
Considerations include the age of the victim and whether the victim is a vulnerable adult.

Human Trafficking

Human trafficking is a form of modern-day slavery that involves holding people, including minors, in forced service for commercial sex trade or otherwise legitimate labor.
It involves long-term, ongoing captivity, exploitation, and control of victims.
Two threshold questions to determine if a person is a victim of human trafficking:
- Did the suspect recruit, transport, or hold the victim in the service of another for labor or commercial sex acts?
- Did the suspect get or keep the victim's service through force, threats, psychological manipulation, or confiscation of legal documents?
Victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor.

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Description

Understand the definition of domestic violence according to Chapter 741, F.S. Learn about the different types of offenses and relationships that constitute domestic violence.