Florida Law: Assault Chapter 784 7/16/2024
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Questions and Answers

What is an essential element of an assault?

  • Apparent ability to do violence (correct)
  • Verbal threat only
  • Actual physical harm
  • Unintentional threat

    • What is the punishable offense for a person who assaults another person in furtherance of a riot or an aggravated riot?

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

    • What is the difference between assault and aggravated assault?

  • Intent to commit a felony
  • Use of a deadly weapon
  • Physical harm caused
  • All of the above (correct)

    • What is the punishable offense for a person who commits aggravated assault?

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

    What is an example of an aggravated assault?

    <p>Pointing a gun at someone during a robbery</p> Signup and view all the answers

    What is the ranking of a violation of s. 784.021 committed by a person acting in furtherance of a riot or an aggravated riot?

    <p>One level above the ranking</p> Signup and view all the answers

    What is the primary difference between s. 784.011 and s. 784.021?

    <p>The presence of a deadly weapon</p> Signup and view all the answers

    What is the historical origin of s. 784.011?

    <p>Dating back to 1832</p> Signup and view all the answers

    What is the punishment for a person who commits baĴery with one prior conviction for baĴery, aggravated baĴery, or felony baĴery?

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

    What is the penalty for baĴery by strangulation?

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

    What is the definition of 'dating relationship' in the context of domestic baĴery by strangulation?

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

    What is the penalty for felony baĴery?

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

    What is aggravated baĴery?

    <p>BaĴery that intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement</p> Signup and view all the answers

    What is the definition of 'family or household member' in the context of domestic baĴery by strangulation?

    <p>Has the same meaning as in s. 741.28</p> Signup and view all the answers

    What is the penalty for domestic baĴery by strangulation?

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

    What is the degree of felony committed by a person who violates subsection (1)?

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

    What is a circumstance that can escalate baĴery to aggravated baĴery?

    <p>The offender uses a deadly weapon</p> Signup and view all the answers

    What is the minimum requirement for baĴery to be considered felony baĴery?

    <p>Causing great bodily harm, permanent disability, or permanent disfigurement</p> Signup and view all the answers

    What is the term for two incidents of violence or stalking committed by the respondent?

    <p>Repeat violence</p> Signup and view all the answers

    What is the term for any one incident of sexual battery, lewd or lascivious act, and other forcible felonies?

    <p>Sexual violence</p> Signup and view all the answers

    What is the term for violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature?

    <p>Dating violence</p> Signup and view all the answers

    Who has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence?

    <p>The victim of repeat violence or the parent or legal guardian of any minor child</p> Signup and view all the answers

    What is the purpose of ranking a violation of this section one level above the ranking under s. 921.0022 for the offense committed?

    <p>To increase the punishment for the offense</p> Signup and view all the answers

    What is the term for any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment?

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

    Who is exempt from the definition of dating violence?

    <p>Individuals who only have engaged in ordinary fraternization in a business or social context</p> Signup and view all the answers

    What is the purpose of creating a separate cause of action for an injunction for protection in cases of dating violence?

    <p>To provide additional protection for victims of dating violence</p> Signup and view all the answers

    What is the relevance of a dating relationship that existed within the past 6 months in determining dating violence?

    <p>It is one of the factors to be considered</p> Signup and view all the answers

    Who has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence?

    <p>Any person who is the victim of dating violence</p> Signup and view all the answers

    What is required for a person who is the victim of sexual violence to have standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence?

    <p>The victim must have reported the sexual violence to a law enforcement agency</p> Signup and view all the answers

    When can a cause of action for an injunction be sought?

    <p>Whether or not any other petition, complaint, or cause of action is currently available or pending between the parties</p> Signup and view all the answers

    Is a bond required by the court for the entry of an injunction?

    <p>No, never</p> Signup and view all the answers

    What is provided by the clerk of the court for any person who is not represented by counsel?

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

    How often can the clerk of the court submit a certified request for reimbursement for petitions for protection issued by the court?

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

    What is the maximum fee that a law enforcement agency can charge for serving an injunction?

    <p>$20</p> Signup and view all the answers

    What must the sworn petition allege?

    <p>The incidents of repeat violence, sexual violence, or dating violence</p> Signup and view all the answers

    Who provides the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court?

    <p>The clerk of the court</p> Signup and view all the answers

    Is a fee assessed by the clerk of the court for filing a petition for protection against repeat violence, sexual violence, or dating violence?

    <p>No, never</p> Signup and view all the answers

    What is required of a parent or legal guardian seeking a protective injunction on behalf of a minor child living at home?

    <p>Both A and B are required.</p> Signup and view all the answers

    What is the basis for seeking relief if the party against whom the protective injunction is sought is not a parent, stepparent, or legal guardian of the minor child?

    <p>Reasonable cause to believe the minor child is a victim of repeat violence</p> Signup and view all the answers

    What must be included in the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence?

    <p>The petitioner's address and a description of the violence</p> Signup and view all the answers

    What is the purpose of the temporary injunction that may be granted in an ex parte hearing?

    <p>To address an immediate and present danger of violence</p> Signup and view all the answers

    Who must be personally served with a copy of the petition, notice of hearing, and temporary injunction?

    <p>The respondent</p> Signup and view all the answers

    What is the purpose of the full hearing set by the court?

    <p>To consider the petition for an injunction and grant relief as deemed necessary</p> Signup and view all the answers

    What is the maximum duration of an ex parte temporary injunction?

    <p>15 days</p> Signup and view all the answers

    What may be included in the injunction granted by the court?

    <p>Any terms the court deems necessary for the protection of the petitioner and their immediate family</p> Signup and view all the answers

    What is a requirement for a full hearing in relation to an ex parte temporary injunction?

    <p>The full hearing must be set for a date no later than the date when the temporary injunction ceases to be effective</p> Signup and view all the answers

    What is a possible relief that the court may grant upon notice and hearing?

    <p>Enjoining the respondent from committing any acts of violence</p> Signup and view all the answers

    What must the petitioner demonstrate to support their claim of dating violence?

    <p>Reasonable cause to believe they are in imminent danger of becoming a victim of dating violence</p> Signup and view all the answers

    What information must a temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence indicate on its face?

    <p>That the injunction is valid and enforceable in all counties of the State of Florida</p> Signup and view all the answers

    What is the purpose of the petitioner furnishing an address to the court in a separate confidential filing?

    <p>To protect the petitioner's safety and confidentiality</p> Signup and view all the answers

    What is the consequence of the court granting a temporary injunction?

    <p>The respondent is enjoined from committing any further acts of violence</p> Signup and view all the answers

    What is the responsibility of the clerk of the court in relation to an injunction for protection against repeat violence, sexual violence, or dating violence?

    <p>Furnishing information on the respondent's physical description and location to the sheriff</p> Signup and view all the answers

    Who is authorized to serve an injunction issued under this section?

    <p>A law enforcement officer only</p> Signup and view all the answers

    What is the effect of a full hearing on an ex parte temporary injunction?

    <p>The court may grant a continuance of the ex parte injunction and the full hearing</p> Signup and view all the answers

    What is the purpose of an ex parte temporary injunction?

    <p>To protect the petitioner from acts of violence</p> Signup and view all the answers

    What is the time frame within which the clerk of the court must electronically transmit a copy of the petition, notice of hearing, and temporary injunction to the sheriff or a law enforcement agency?

    <p>Within 24 hours</p> Signup and view all the answers

    What is a possible consequence of a violation of an injunction for protection against repeat violence, sexual violence, or dating violence?

    <p>The respondent may be arrested and prosecuted</p> Signup and view all the answers

    When an injunction is issued, what may the court order a law enforcement officer to do?

    <p>Accompany the petitioner and assist in the execution or service of the injunction</p> Signup and view all the answers

    What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?

    <p>To electronically transmit information to and between criminal justice agencies</p> Signup and view all the answers

    How soon must the clerk of the court electronically transmit a copy of the injunction to the sheriff after the court issues an injunction?

    <p>Within 24 hours</p> Signup and view all the answers

    What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?

    <p>To allow petitioners to request notification of service of the injunction</p> Signup and view all the answers

    Who must electronically transmit the written proof of service of process to the sheriff after serving an injunction?

    <p>The law enforcement officer</p> Signup and view all the answers

    How soon must the sheriff make information relating to the injunction available to other law enforcement agencies after receiving a certified copy of the injunction?

    <p>Within 24 hours</p> Signup and view all the answers

    What happens when the sheriff or other law enforcement officer serves the injunction upon the respondent?

    <p>The law enforcement officer electronically transmits the written proof of service</p> Signup and view all the answers

    What must the clerk of the court notify the sheriff of within 24 hours after an injunction is lifted, terminated, or otherwise rendered no longer effective?

    <p>The status of the injunction</p> Signup and view all the answers

    What is the minimum time frame within which the automated notice must be made after the sheriff or other law enforcement officer serves the injunction upon the respondent?

    <p>12 hours</p> Signup and view all the answers

    Who develops the automated process by which a petitioner may request notification of service of the injunction and other court actions related to the injunction?

    <p>The Florida Association of Court Clerks and Comptrollers</p> Signup and view all the answers

    Within how many hours must the agency notify the department of the court's action?

    <p>24 hours</p> Signup and view all the answers

    What is the purpose of the monetary assessment imposed by the court?

    <p>To enforce the respondent's compliance with the injunction</p> Signup and view all the answers

    What happens to the respondent if arrested by a law enforcement officer under s. 901.15(6)?

    <p>Held in custody until brought before the court</p> Signup and view all the answers

    Who may move the court to modify or dissolve an injunction?

    <p>Both the petitioner and the respondent</p> Signup and view all the answers

    What must the law enforcement officer do when investigating an alleged incident of dating violence?

    <p>Give the victim immediate notice of legal rights and remedies</p> Signup and view all the answers

    What is included in the Legal Rights and Remedies Notice to Victims?

    <p>A resource listing for the area domestic violence center</p> Signup and view all the answers

    What must a law enforcement officer do when investigating an allegation of dating violence?

    <p>Handle the incident pursuant to the arrest policy provided in s. 901.15(7)</p> Signup and view all the answers

    What information must be included in the written police report?

    <p>A description of physical injuries observed, if any, and other required information</p> Signup and view all the answers

    Where must the clerk of the court transfer the moneys collected?

    <p>To the State Treasury for deposit in the Crimes Compensation Trust Fund</p> Signup and view all the answers

    What is the primary purpose of the Legal Rights and Remedies Notice to Victims?

    <p>To assist the victim in obtaining medical treatment and receiving services</p> Signup and view all the answers

    What is the officer's responsibility regarding obtaining statements from victims and witnesses of alleged dating violence?

    <p>To obtain written statements from victims and witnesses whenever possible</p> Signup and view all the answers

    What is the officer's responsibility regarding reporting dating violence incidents?

    <p>To submit the report to the supervisor or other person as required by the employer's rules or policies</p> Signup and view all the answers

    What information is excluded from the report sent to the domestic violence center?

    <p>Victim or witness statements and other materials that are part of an active criminal investigation</p> Signup and view all the answers

    What is the offense committed by a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person?

    <p>Stalking, a misdemeanor of the first degree</p> Signup and view all the answers

    What is the term for a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct?

    <p>Credible threat</p> Signup and view all the answers

    What is the preferred response when evaluating complaints from two or more parties?

    <p>Try to determine who was the primary aggressor</p> Signup and view all the answers

    What is the act of engaging in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication?

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

    What is the consequence of willfully violating a condition of pretrial release for an act of dating violence?

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

    What is the immunity granted to law enforcement officers acting in good faith under this section?

    <p>Immunity from all liability, civil or criminal</p> Signup and view all the answers

    What is the term for a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose?

    <p>Course of conduct</p> Signup and view all the answers

    What is the purpose of sending a copy of the initial police report to the nearest locally certified domestic violence center?

    <p>To provide support services to the victim</p> Signup and view all the answers

    What is the penalty for a person who violates an injunction or foreign protection order against the same victim, with two or more prior convictions for violation of an injunction or foreign protection order?

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

    What is the officer's decision based on when determining whether to arrest a person suspected of dating violence?

    <p>Probable cause</p> Signup and view all the answers

    What is the consequence for refusing to surrender firearms or ammunition if ordered to do so by the court?

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

    What is the officer's responsibility when evaluating complaints from multiple parties?

    <p>To evaluate each complaint separately to determine whether there is probable cause for arrest</p> Signup and view all the answers

    What is the act of committing an act of repeat violence, sexual violence, or dating violence against the petitioner?

    <p>CommiĴing any other violation of the injunction</p> Signup and view all the answers

    What is the relevance of the dating relationship in determining dating violence?

    <p>It is relevant only if the relationship existed within the past 6 months</p> Signup and view all the answers

    What is the term for the act of defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle?

    <p>CommiĴing any other violation of the injunction</p> Signup and view all the answers

    What is the consequence for a person who knowingly and intentionally comes within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied?

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

    What is the act of going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member?

    <p>CommiĴing any other violation of the injunction</p> Signup and view all the answers

    What is a requirement for filing a petition for protection against stalking?

    <p>Compliance with this section</p> Signup and view all the answers

    Where can a petition for an injunction for protection against stalking be filed?

    <p>In the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the stalking occurred</p> Signup and view all the answers

    How often can the clerk of the court submit a certified request for reimbursement for petitions for protection issued by the court?

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

    Which of the following is a factor that determines the length of an order restraining a defendant from contacting a victim?

    <p>Severity of the crime committed</p> Signup and view all the answers

    What is the degree of felony committed by a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person?

    <p>Third degree</p> Signup and view all the answers

    What is the maximum fee that a law enforcement agency can charge for serving an injunction?

    <p>$20</p> Signup and view all the answers

    What must the clerk of the court provide to petitioners?

    <p>A minimum of two certified copies of the order of injunction</p> Signup and view all the answers

    Who has standing in the circuit court to file a sworn petition for an injunction for protection against stalking?

    <p>Any affected person</p> Signup and view all the answers

    Who is required to receive training in the effective assistance of petitioners?

    <p>Appropriate staff in each county</p> Signup and view all the answers

    Under what circumstances may a law enforcement officer arrest a person without a warrant?

    <p>When the officer has probable cause to believe the person has violated this section</p> Signup and view all the answers

    What is the maximum duration of an ex parte temporary injunction?

    <p>Until further order of the court</p> Signup and view all the answers

    What must the sworn petition for an injunction for protection against stalking allege?

    <p>The existence of stalking and specific facts and circumstances</p> Signup and view all the answers

    Is a fee assessed by the clerk of the court for filing a petition for protection against stalking?

    <p>No</p> Signup and view all the answers

    What is the purpose of a full hearing in relation to an ex parte temporary injunction?

    <p>To determine whether a permanent injunction should be granted</p> Signup and view all the answers

    What is the purpose of the injunction granted by the court?

    <p>To protect the petitioner from future harm</p> Signup and view all the answers

    What is provided by the clerk of the court to assist petitioners?

    <p>Simplified petition forms</p> Signup and view all the answers

    Who is tasked with ensuring the petitioner's privacy to the extent practicable?

    <p>Clerk of the court</p> Signup and view all the answers

    Who must be personally served with a copy of the petition, notice of hearing, and temporary injunction?

    <p>The respondent</p> Signup and view all the answers

    What must be included in the sworn petition for an injunction for protection against stalking?

    <p>A detailed description of the alleged stalking behavior</p> Signup and view all the answers

    What is the purpose of the court's consideration of the probability of future violations by the perpetrator?

    <p>To determine the length of the order restraining the respondent from contacting the victim</p> Signup and view all the answers

    What is the maximum duration of an ex parte temporary injunction?

    <p>15 days</p> Signup and view all the answers

    What is the purpose of the petitioner furnishing an address to the court in a separate confidential filing?

    <p>To keep the petitioner's current address confidential for safety reasons.</p> Signup and view all the answers

    What must the court do if the only ground for denial of a petition for an injunction is no appearance of an immediate and present danger of stalking?

    <p>Set a full hearing on the petition for injunction with notice at the earliest possible time</p> Signup and view all the answers

    What is a possible relief that the court may grant upon notice and hearing in a stalking case?

    <p>Ordering the respondent to participate in treatment, intervention, or counseling services</p> Signup and view all the answers

    What must be included in the sworn petition for an injunction for protection against stalking?

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

    What happens to an injunction if the full hearing is continued for good cause shown by any party?

    <p>The injunction is extended until the new hearing date</p> Signup and view all the answers

    What is the purpose of the full hearing set by the court?

    <p>To allow both parties to present evidence and testimony.</p> Signup and view all the answers

    What may be included in the injunction granted by the court?

    <p>An order restraining the respondent from committing any acts of stalking.</p> Signup and view all the answers

    What must be done if the respondent appears at the ex parte hearing or has received reasonable notice of the hearing?

    <p>Evidence other than verified pleadings or affidavits may be used as evidence</p> Signup and view all the answers

    What is the penalty for making false statements in the petition?

    <p>Punishable as provided in Section 837.02, Florida Statutes.</p> Signup and view all the answers

    What is the purpose of the full hearing set by the court?

    <p>To allow the respondent to contest the temporary injunction</p> Signup and view all the answers

    What is a requirement for a full hearing in relation to an ex parte temporary injunction?

    <p>The hearing must be set for a date no later than the date when the temporary injunction ceases to be effective</p> Signup and view all the answers

    Who must be personally served with a copy of the petition, notice of hearing, and temporary injunction?

    <p>The respondent.</p> Signup and view all the answers

    What is the purpose of the sworn petition?

    <p>To allege that the respondent has committed acts of stalking.</p> Signup and view all the answers

    What may be included in the injunction granted by the court?

    <p>An order restraining the respondent from committing any act of stalking</p> Signup and view all the answers

    What may be granted by the court in an ex parte hearing?

    <p>A temporary injunction ex parte.</p> Signup and view all the answers

    What is required of the petitioner in the sworn petition?

    <p>To specifically allege that the respondent has committed acts of stalking.</p> Signup and view all the answers

    What is the purpose of the temporary injunction?

    <p>To provide immediate protection to the petitioner.</p> Signup and view all the answers

    Who can be present with the petitioner or respondent during court proceedings or hearings related to the injunction for protection?

    <p>An advocate from a state attorney's office, a law enforcement agency, a certified rape crisis center, or a certified domestic violence center</p> Signup and view all the answers

    What must be done with an injunction for protection against stalking within 24 hours of its issuance?

    <p>It must be electronically transmitted to the sheriff or law enforcement agency</p> Signup and view all the answers

    What must the clerk of the court furnish to the sheriff regarding the respondent?

    <p>Information concerning the respondent's physical description and location</p> Signup and view all the answers

    Who may authorize a law enforcement agency to effect service of an injunction for protection?

    <p>The chief judge of each circuit</p> Signup and view all the answers

    How may the sheriff serve the respondent with an electronic copy of the injunction?

    <p>In the same manner as a certified copy</p> Signup and view all the answers

    What must the sheriff do upon receiving an electronic copy of the injunction?

    <p>Verify receipt with the sender before attempting to serve it on the respondent</p> Signup and view all the answers

    What is the purpose of an ex parte hearing?

    <p>To determine if a temporary injunction is necessary</p> Signup and view all the answers

    Who must be personally served with a copy of the petition, notice of hearing, and temporary injunction?

    <p>The respondent only</p> Signup and view all the answers

    What can the court do to enforce a violation of an injunction for protection against stalking?

    <p>Enforce it through a civil or criminal contempt proceeding</p> Signup and view all the answers

    What happens if the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 784.0487?

    <p>The respondent is held in custody until brought before the court</p> Signup and view all the answers

    Who may move the court to modify or dissolve an injunction?

    <p>The petitioner or the respondent</p> Signup and view all the answers

    What must the clerk of the court do with assessments or fines ordered by the court?

    <p>Collect them and transfer them to the State Treasury</p> Signup and view all the answers

    What can the petitioner do if the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested?

    <p>Contact the clerk of the circuit court</p> Signup and view all the answers

    What must the affidavit in support of reporting the violation include?

    <p>A detailed description of the violation</p> Signup and view all the answers

    What must the state attorney do within 30 working days of receiving the initial report?

    <p>Prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action</p> Signup and view all the answers

    What can the court do if it has knowledge that the petitioner or another person is in immediate danger?

    <p>Immediately issue an order of appointment of the state attorney</p> Signup and view all the answers

    What must the office assisting the petitioner do with the affidavit?

    <p>Forward it to the state attorney and to such judge as the chief judge determines</p> Signup and view all the answers

    What must the local law enforcement agency do within 20 days of receiving the initial report?

    <p>Complete its investigation and forward a report to the state attorney</p> Signup and view all the answers

    What is the punishable offense for a person who willfully violates an injunction for protection against stalking or cyberstalking?

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

    What is the term for the publication or dissemination of a sexually explicit image of another person without their consent?

    <p>Sexual Cyberharassment</p> Signup and view all the answers

    What is the possible relief that the court may grant upon notice and hearing?

    <p>Injunction for protection against stalking or cyberstalking</p> Signup and view all the answers

    What is the minimum requirement for a person to be eligible to file a sworn petition for an injunction for protection against stalking or cyberstalking?

    <p>The person must be a victim of stalking or cyberstalking</p> Signup and view all the answers

    What is the term for an act of stalking against the petitioner?

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

    Who must accept a copy of an injunction for protection against stalking, certified by the clerk of the court, from the petitioner?

    <p>A law enforcement officer</p> Signup and view all the answers

    What is the purpose of the petitioner furnishing an address to the court in a separate confidential filing?

    <p>To protect the petitioner's privacy</p> Signup and view all the answers

    What is the maximum duration of an ex parte temporary injunction?

    <p>Until further order of the court</p> Signup and view all the answers

    How soon must the clerk of the court electronically transmit a certified copy of the injunction for service to the sheriff having jurisdiction over the residence of the petitioner?

    <p>Within 24 hours</p> Signup and view all the answers

    Who must notify the Department of Law Enforcement of the service of process upon the respondent within 24 hours?

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

    What is the term for the existence of a permanent record of a person's private nudity or private sexually explicit conduct?

    <p>Image Permanence</p> Signup and view all the answers

    What must be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer if the respondent has been served previously with a temporary injunction and has failed to appear at the initial hearing on the temporary injunction?

    <p>A petition for injunction seeking an extension of time</p> Signup and view all the answers

    What is the punishable offense for a person who has two or more prior convictions for violation of an injunction or foreign protection order?

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

    What is the purpose of the full hearing set by the court?

    <p>To determine whether the petitioner is entitled to a permanent injunction</p> Signup and view all the answers

    Who must prepare a written certification to be placed in the court file specifying the time, date, and method of service?

    <p>The clerk of the court</p> Signup and view all the answers

    What must the clerk of the court notify the sheriff of within 24 hours after an injunction for protection against stalking is vacated, terminated, or otherwise rendered no longer effective by ruling of the court?

    <p>The action of the court</p> Signup and view all the answers

    What must be made available to other law enforcement agencies by electronically transmitting such information to the Department of Law Enforcement within 24 hours?

    <p>Information relating to the injunction</p> Signup and view all the answers

    Who may accompany the petitioner to assist in the execution or service of the injunction?

    <p>A law enforcement officer</p> Signup and view all the answers

    What must be certified by the clerk of the court and delivered to the parties at the time of the entry of the order?

    <p>A copy of the order</p> Signup and view all the answers

    When is service by mail considered complete?

    <p>Upon mailing by the clerk of the court</p> Signup and view all the answers

    What does the term 'personal identification information' include?

    <p>Any information that identifies an individual, including name, postal or electronic mail address, telephone number, social security number, date of birth, or any unique physical representation</p> Signup and view all the answers

    What is the definition of 'sexually explicit image'?

    <p>Any image depicting nudity, as defined in s. 847.001, or depicting a person engaging in sexual conduct, as defined in s. 847.001</p> Signup and view all the answers

    What is the punishment for a person who willfully and maliciously sexually cyberharasses another person?

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

    What is the exception to the criminal and civil penalties of this section?

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

    What is the punishment for a person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment?

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

    What is the relief that an aggrieved person may initiate against a person who violates this section?

    <p>Injunctive relief, monetary damages, and reasonable attorney fees and costs</p> Signup and view all the answers

    What is the degree of felony committed by a person who violates subsection (4) of section 784.049?

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

    What is the exemption to the criminal and civil penalties of this section?

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

    What is the condition for a violation of this section to be committed within this state?

    <p>If both conditions are met</p> Signup and view all the answers

    What is the punishment for a person who, through culpable negligence, exposes another person to personal injury?

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

    What is the rank of a violation of subsection (1) of section 784.049?

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

    What is the purpose of the search warrant in this section?

    <p>To further investigate violations of this section</p> Signup and view all the answers

    What is the punishable offense for a person who willfully and maliciously harasses or intimidates another person based on the person's wearing or displaying of any indicia relating to any religious or ethnic heritage?

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

    What is the term used in subsection (2) of section 784.062 to describe a handheld device that emits a laser beam?

    <p>Laser lighting device</p> Signup and view all the answers

    If a minor obtains a firearm as a result of an unlawful entry by any person, is the subsection (3) of section 784.05 applicable?

    <p>No</p> Signup and view all the answers

    What is the age limit for a person to be considered a minor in the context of section 784.05?

    <p>16 years old</p> Signup and view all the answers

    What is the penalty for a person who, through culpable negligence, inflicts actual personal injury on another?

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

    What is the purpose of subsection (3) of section 784.05?

    <p>To punish parents or guardians for culpable negligence</p> Signup and view all the answers

    What is the penalty for a person who violates subsection (1) of section 784.062?

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

    What is the term used in subsection (3) of section 784.062 to describe any device designed or used to amplify electromagnetic radiation?

    <p>Laser radiation amplifier</p> Signup and view all the answers

    Who is considered a 'public transit employee or agent'?

    <p>Bus operator, train operator, or revenue collector</p> Signup and view all the answers

    What happens to the offense of assaulting a law enforcement officer?

    <p>It is reclassified to a higher degree</p> Signup and view all the answers

    What is the minimum term of imprisonment for aggravated battery upon a law enforcement officer?

    <p>5 years</p> Signup and view all the answers

    What is the minimum term of imprisonment for a person convicted of battery upon a law enforcement officer and possessing a firearm?

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

    What is the minimum term of imprisonment for a person convicted of battery upon a law enforcement officer and possessing a semiautomatic firearm and its high-capacity detachable box magazine?

    <p>8 years</p> Signup and view all the answers

    What happens to the sentence of a person convicted of aggravated battery upon a law enforcement officer?

    <p>It is not suspended, deferred, or withheld</p> Signup and view all the answers

    What is the minimum term of imprisonment for aggravated assault upon a law enforcement officer?

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

    Who is exempt from the definition of 'railroad special officer'?

    <p>A person employed by a non-Class I, Class II, or Class III railroad</p> Signup and view all the answers

    What is the penalty for a person who commits battery upon a law enforcement officer?

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

    What is the minimum term of imprisonment for a person convicted of battery upon a law enforcement officer in furtherance of a riot or an aggravated riot?

    <p>6 months</p> Signup and view all the answers

    What is the degree of felony committed by a person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury?

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

    Who is included in the definition of 'law enforcement officer'?

    <p>Law enforcement officer, correctional officer, part-time law enforcement officer, and federal law enforcement officer</p> Signup and view all the answers

    What is the term for a person who is a current member of a law enforcement agency's explorer program and performing functions under the direct physical supervision of a sworn officer?

    <p>Law enforcement explorer</p> Signup and view all the answers

    What is the punishment for a person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft?

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

    Who is included in the definition of 'hospital personnel'?

    <p>Health care practitioner, employee, agent, or volunteer who is employed, under contract, or otherwise authorized by a hospital</p> Signup and view all the answers

    What is the term for a firefighter who is employed by any public employer of this state to extinguish fires and protect life or property?

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

    What is the punishment for a person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer engaged in the performance of his or her official duties?

    <p>Noncriminal violation</p> Signup and view all the answers

    Who is included in the definition of 'emergency medical care provider'?

    <p>Ambulance driver, emergency medical technician, paramedic, registered nurse, physician, or any person authorized by an emergency medical service licensed under chapter 401</p> Signup and view all the answers

    What is the term for an officer of the Florida Commission on Offender Review?

    <p>Officer of the Florida Commission on Offender Review</p> Signup and view all the answers

    Who is included in the definition of 'law enforcement personnel'?

    <p>Law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement</p> Signup and view all the answers

    What is the term for any person who serves as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as a sports official?

    <p>Sports official</p> Signup and view all the answers

    What is the minimum term of imprisonment for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?

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

    What is the reclassification of an assault or battery committed upon a person 65 years of age or older?

    <p>From a misdemeanor to a felony</p> Signup and view all the answers

    What is the fine for a person convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older?

    <p>Not more than $10,000</p> Signup and view all the answers

    What is the community service work required in addition to fine or sentence for a person convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older?

    <p>Up to 500 hours</p> Signup and view all the answers

    What is the ranking of a felony violation of this section committed by a person acting in furtherance of a riot or an aggravated riot?

    <p>One level above the ranking under s. 921.0022 for the offense committed</p> Signup and view all the answers

    What is the term for the offense of causing or attempting to cause an employee to come into contact with certain bodily fluids or materials?

    <p>Battery on a facility employee</p> Signup and view all the answers

    What is the purpose of activating the emergency alert system and issuing a blue alert?

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

    What is the punishment for a person convicted of battery on a facility employee?

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

    What is disseminated to the public through the emergency alert system during a blue alert?

    <p>A detailed description of the suspect's vehicle, or other means of escape, and the license plate of the suspect's vehicle</p> Signup and view all the answers

    What is the term for the offense of assaulting or battering a person 65 years of age or older?

    <p>Assault or battery on persons 65 years of age or older</p> Signup and view all the answers

    What is the condition for activating the emergency alert system and issuing a blue alert?

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

    What is the reclassification of an aggravated assault or aggravated battery committed upon a person 65 years of age or older?

    <p>From a felony of the second degree to a felony of the first degree</p> Signup and view all the answers

    What is broadcast on television, radio, and the dynamic message signs along the state's highways during a blue alert?

    <p>The blue alert information</p> Signup and view all the answers

    What is the requirement for a person convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older?

    <p>Restitution to the victim and community service work</p> Signup and view all the answers

    What is not in violation of this section if a traffic emergency arises?

    <p>The agency responsible for displaying information on the highway message sign</p> Signup and view all the answers

    What is the purpose of disseminating information to the public during a blue alert?

    <p>To avert further harm or assist in locating the missing law enforcement officer</p> Signup and view all the answers

    What is required for a blue alert to be issued?

    <p>All of the above and the suspect poses an imminent threat to the public or other law enforcement officers</p> Signup and view all the answers

    What is the reclassification of an aggravated assault committed by a person who knows or has reason to know the identity or employment of a staff member of a sexually violent predators detention or commitment facility?

    <p>From a felony of the second degree to a felony of the first degree.</p> Signup and view all the answers

    What is immediately disseminated to the public during a blue alert?

    <p>The blue alert information</p> Signup and view all the answers

    What is the purpose of the blue alert system?

    <p>To assist in the apprehension of a suspect who poses an imminent threat to the public or other law enforcement officers</p> Signup and view all the answers

    What is the penalty for a person who commits battery on a juvenile probation officer or a staff member of a detention center or facility?

    <p>A felony of the third degree.</p> Signup and view all the answers

    What is the term used to describe health services provided to juveniles committed to or detained by the Department of Juvenile Justice?

    <p>Health services.</p> Signup and view all the answers

    What is the term used to describe a state correctional institution, private correctional facility, or county, municipal, or regional jail?

    <p>Facility.</p> Signup and view all the answers

    What is the reclassification of an assault committed by a person who knows or has reason to know the identity or employment of a staff member of a sexually violent predators detention or commitment facility?

    <p>From a misdemeanor of the second degree to a misdemeanor of the first degree.</p> Signup and view all the answers

    Who is included in the definition of a staff member of a facility for purposes of battery?

    <p>Persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.</p> Signup and view all the answers

    What is the penalty for a juvenile who commits battery on a person who provides health services?

    <p>A felony of the third degree.</p> Signup and view all the answers

    What is the term used to describe the act of throwing, tossing, or expelling certain fluids or materials at a facility employee?

    <p>Battery by throwing, tossing, or expelling certain fluids or materials.</p> Signup and view all the answers

    What is the purpose of reclassifying an offense committed on a staff member of a sexually violent predators detention or commitment facility?

    <p>To recognize the increased risk of harm to facility staff.</p> Signup and view all the answers

    What is the key factor in determining the reclassification of an offense committed on a staff member of a sexually violent predators detention or commitment facility?

    <p>The identity or employment of the victim.</p> Signup and view all the answers

    What is the age limit for a person to be considered a child under section 784.085?

    <p>18 years old</p> Signup and view all the answers

    What is the punishment for a health care practitioner who violates section 784.086 by transferring reproductive material without the recipient's consent?

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

    What is the term for the fertilized ovum under section 784.086?

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

    What is the penalty for a health care practitioner who violates section 784.086 and is also the donor of the reproductive material?

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

    What happens to the assessments or fines ordered by the court enforcing an injunction for protection against stalking?

    <p>They are transferred to the Domestic Violence Trust Fund</p> Signup and view all the answers

    What happens to a respondent who is arrested by a law enforcement officer under section 784.0487?

    <p>They are held in custody until brought before the court</p> Signup and view all the answers

    What is the reclassified offense for aggravated battery upon an elected official or employee of a school district?

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

    Under what circumstances is an assault, aggravated assault, battery, or aggravated battery upon a sports official reclassified?

    <p>When the sports official is actively participating in an athletic contest</p> Signup and view all the answers

    Who can move the court to modify or dissolve an injunction at any time?

    <p>Either the petitioner or the respondent</p> Signup and view all the answers

    What is the reclassified offense for aggravated assault upon a code inspector?

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

    What must the clerk of the court notify within 24 hours after an injunction for protection against stalking is vacated, terminated, or otherwise rendered no longer effective?

    <p>The Department of Law Enforcement</p> Signup and view all the answers

    What is the purpose of the notification by the clerk of the court within 24 hours after an injunction for protection against stalking is vacated, terminated, or otherwise rendered no longer effective?

    <p>To notify the Department of Law Enforcement</p> Signup and view all the answers

    What is the reclassified offense for battery upon a person who is being detained in a prison, jail, or other detention facility upon a visitor or other detainee?

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

    What is the effect of a violation of section 784.011 on a person's criminal record?

    <p>It is considered a felony of the third degree</p> Signup and view all the answers

    What is the reclassified offense for aggravated battery upon an employee or protective investigator of the Department of Children and Families?

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

    Under what circumstances is an assault, aggravated assault, battery, or aggravated battery upon an elected official or employee of a school district reclassified?

    <p>When the person committing the offense knows or has reason to know the identity or employment of the victim</p> Signup and view all the answers

    What is the reclassified offense for battery upon a code inspector?

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

    What is the reclassified offense for aggravated battery upon an employee of the Department of Health or its direct service contract providers?

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

    If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, who can the petitioner contact?

    <p>The clerk of the circuit court of the county in which the violation is alleged to have occurred</p> Signup and view all the answers

    What is the reclassified offense for assault upon a sports official?

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

    What happens to the affidavit prepared by the office assisting the petitioner?

    <p>It is immediately forwarded to the state attorney of that circuit and to such judge as the chief judge determines to be the recipient of affidavits of violations of an injunction</p> Signup and view all the answers

    What is the reclassified offense for aggravated battery upon an employee of a lead community-based provider and its direct service contract providers?

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

    What must the local law enforcement agency do within 20 days after receiving the initial report?

    <p>Complete its investigation and forward a report to the state attorney</p> Signup and view all the answers

    What must the state attorney do within 30 working days?

    <p>Determine whether his or her office will file criminal charges or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action</p> Signup and view all the answers

    What happens if the court has knowledge that the petitioner or another person is in immediate danger if the court does not act before the decision of the state attorney?

    <p>The court issues an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt</p> Signup and view all the answers

    Who supervises the intake of alleged violations of injunctions for protection against stalking or cyberstalking?

    <p>The state attorney who has been designated and assigned to handle stalking or cyberstalking cases</p> Signup and view all the answers

    What is the purpose of the policy adopted by the state attorney in each circuit under s. 741.2901(2)?

    <p>To supervise the intake of alleged violations of injunctions for protection against stalking or cyberstalking</p> Signup and view all the answers

    Study Notes

    Assault

    • An "assault" is an intentional, unlawful threat by word or act to do violence to another person, with an apparent ability to do so, and creating a well-founded fear in the other person that such violence is imminent.
    • A person who assaults another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    Aggravated Assault

    • An "aggravated assault" is an assault:
      • With a deadly weapon without intent to kill; or
      • With an intent to commit a felony.
    • A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Battery

    • The offense of "battery" occurs when a person:
      • Actually and intentionally touches or strikes another person against the will of the other; or
      • Intentionally causes bodily harm to another person.
    • A person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Felony Battery

    • A person commits "felony battery" if the person:
      • Actually and intentionally touches or strikes another person against the will of the other; and
      • Causes great bodily harm, permanent disability, or permanent disfigurement.
    • A person who commits felony battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Repeat Violence, Sexual Violence, and Dating Violence

    • A person who is the victim of repeat violence, sexual violence, or dating violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence.
    • The petition must include the specific facts and circumstances that form the basis upon which relief is sought.
    • The court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.

    Injunction for Protection

    • The court may grant an injunction for protection against repeat violence, sexual violence, or dating violence, which may include:
      • Enjoining the respondent from committing any acts of violence.
      • Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies.
    • The terms of the injunction shall remain in full force and effect until modified or dissolved.
    • Either party may move at any time to modify or dissolve the injunction.### Injunctions for Protection Against Violence
    • Injunctions can be issued against respondents to protect petitioners from repeat violence, sexual violence, or dating violence.
    • The clerk of the court must furnish information on the respondent's physical description and location to the sheriff to comply with verification procedures.
    • Law enforcement agencies may serve and execute injunctions, and the court may order an officer to accompany the petitioner and assist in the execution or service of the injunction.

    Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System

    • The system is created within the Department of Law Enforcement to transmit information electronically to and between criminal justice agencies about domestic violence injunctions, dating violence injunctions, sexual violence injunctions, and repeat violence injunctions.
    • The information transmitted must include the existence and status of any injunction for verification purposes.

    Service and Enforcement of Injunctions

    • The clerk of the court must electronically transmit a copy of the injunction to the sheriff within 24 hours of issuance.
    • The law enforcement officer must electronically transmit written proof of service of process to the sheriff within 24 hours of service.
    • The sheriff must make information about the injunction available to other law enforcement agencies within 24 hours of receiving a certified copy of the injunction.

    Enforcement of Injunctions

    • The court shall enforce violations of injunctions through civil or criminal contempt proceedings.
    • A law enforcement officer may arrest, without a warrant, a person who has probable cause to believe has violated an injunction.

    Stalking

    • A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree.
    • A person who makes a credible threat to another person while stalking them commits the offense of aggravated stalking, a felony of the third degree.

    Injunctions for Protection Against Stalking

    • A person who is the victim of stalking has standing in the circuit court to file a sworn petition for an injunction for protection against stalking.
    • The court may issue a temporary injunction and a final injunction after a hearing.
    • The injunction may restrain the respondent from contacting the petitioner, entering certain places, and harassing or stalking the petitioner.### Injunction for Protection Against Stalking
    • A petition for an injunction for protection against stalking may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the stalking occurred.
    • There is no minimum requirement of residency to petition for an injunction for protection.

    Filing Fee and Reimbursement

    • The clerk of court may not assess a filing fee to file a petition for protection against stalking.
    • The clerk of the circuit court may submit a certified request for reimbursement for petitions for protection against stalking issued by the court, at the rate of $40 per petition.
    • The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator.

    Assistance by the Clerk of the Court

    • The clerk of the court shall assist petitioners in seeking both injunctions for protection against stalking and enforcement of a violation thereof.
    • The clerk of the court shall provide simplified petition forms for the injunction and any modifications to and the enforcement thereof, including instructions for completion.
    • The clerk of the court shall ensure the petitioner's privacy to the extent practicable while completing the forms for an injunction for protection against stalking.

    Training and Informational Brochures

    • The clerk of the court and appropriate staff in each county shall receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks and Comptrollers.
    • The clerk of the court in each county shall make available informational brochures on stalking when such a brochure is provided by the local certified domestic violence center or certified rape crisis center.
    • The clerk of the court in each county shall distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction for protection against stalking when such brochures become available.

    Sworn Petition

    • The sworn petition shall allege the existence of stalking and shall include the specific facts and circumstances for which relief is sought.
    • The sworn petition shall be in substantially the following form, including the petitioner's and respondent's personal information, physical description, and aliases.

    Hearing and Temporary Injunction

    • Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time.
    • The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, before the hearing.
    • If it appears to the court that stalking exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper.

    Relief Granted by the Court

    • Upon notice and hearing, when it appears to the court that the petitioner is the victim of stalking, the court may grant such relief as the court deems proper, including an injunction restraining the respondent from committing any act of stalking.
    • The court may also order the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent, and refer a petitioner to appropriate services.
    • The terms of an injunction restraining the respondent shall remain in effect until modified or dissolved.

    Injunctions for Protection Against Stalking

    • The court allows an advocate from a state attorney's office, a law enforcement agency, a certified rape crisis center, or a certified domestic violence center to be present with the petitioner or respondent during court proceedings or hearings related to the injunction for protection if requested and available.
    • Within 24 hours after the court issues an injunction for protection against stalking, the clerk must electronically transmit a copy of the petition, notice of hearing, and temporary injunction to the sheriff or law enforcement agency of the county where the respondent resides.
    • The sheriff must serve the respondent with the injunction on any day of the week and at any time of the day or night.
    • If the respondent has been served previously with a temporary injunction and fails to appear at the initial hearing, any subsequent petition for injunction seeking an extension of time may be served on the respondent by certified mail.

    Violation of an Injunction for Protection Against Stalking

    • If the injunction is violated and the respondent has not been arrested, the petitioner may contact the clerk of the circuit court to prepare an affidavit in support of reporting the violation.
    • The clerk must assist the petitioner in preparing the affidavit and forward it to the state attorney and the judge.
    • The state attorney must determine within 30 working days whether to file criminal charges or prepare a motion for an order to show cause why the respondent should not be held in criminal contempt.
    • A person who willfully violates an injunction for protection against stalking commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Sexual Cyberharassment

    • Sexual cyberharassment is the publication of a sexually explicit image of a person without their consent, with the intent of causing substantial emotional distress.
    • A person who commits sexual cyberharassment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    • A person with one prior conviction for sexual cyberharassment who commits a second or subsequent offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Harassment or Intimidation Based on Religious or Ethnic Heritage

    • A person may not willfully and maliciously harass or intimidate another person based on their religious or ethnic heritage.
    • A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    • If the violation involves a credible threat, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Culpable Negligence

    • Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    • Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.### Storage of Firearms
    • A firearm can be stored securely in a box or container, or with a trigger lock to prevent minors from accessing it.

    Misuse of Laser Lighting Devices

    • Knowingly shining a laser lighting device at a law enforcement officer can result in a noncriminal violation.
    • Shining a laser lighting device at an individual operating a motor vehicle, vessel, or aircraft can result in a felony of the third degree.

    Assault or Battery on Law Enforcement Officers and Other Specified Personnel

    • Assault or battery on a law enforcement officer, firefighter, emergency medical care provider, hospital personnel, or other specified personnel can result in reclassification of offenses and minimum sentences.
    • The offense can be reclassified as follows:
      • Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
      • Aggravated assault: from a felony of the third degree to a felony of the second degree.
      • Battery: from a misdemeanor of the first degree to a felony of the third degree.
      • Aggravated battery: from a felony of the second degree to a felony of the first degree.

    Blue Alert

    • A blue alert can be activated if a law enforcement officer is killed, suffers serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene.
    • The alert will be disseminated to the public through the emergency alert system.

    Assault or Battery on Sexually Violent Predators Detention or Commitment Facility Staff

    • Assault or battery on a staff member of a sexually violent predators detention or commitment facility can result in reclassification of offenses.
    • The offense can be reclassified as follows:
      • Aggravated battery: from a felony of the second degree to a felony of the first degree.
      • Aggravated assault: from a felony of the third degree to a felony of the second degree.
      • Battery: from a misdemeanor of the first degree to a felony of the third degree.
      • Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.

    Battering of Facility Employees

    • Battery on a facility employee, including detention or commitment facility staff, juvenile probation officers, or health services personnel, can result in a felony charge.
    • The offense can be reclassified as follows:
      • Battery on a detention or commitment facility staff: from a felony of the third degree to a felony of the third degree.
      • Battery on a juvenile probation officer: from a felony of the third degree to a felony of the third degree.
      • Battery on health services personnel: from a felony of the third degree to a felony of the third degree.

    Assault or Battery on Persons 65 Years of Age or Older

    • Assault or battery on a person 65 years of age or older can result in reclassification of offenses and minimum sentences.
    • The offense can be reclassified as follows:
      • Aggravated battery: from a felony of the second degree to a felony of the first degree.
      • Aggravated assault: from a felony of the third degree to a felony of the second degree.
      • Battery: from a misdemeanor of the first degree to a felony of the third degree.
      • Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
    • Minimum sentence for aggravated battery is 3 years imprisonment and a fine of up to $10,000, plus restitution and community service.### Assault or Battery on Specified Officials or Employees
    • The term "sports official" refers to referees, umpires, linesmen, and other officials who are registered by or members of organizations that provide education and training to sports officials.
    • Assault or battery on certain officials or employees, including elected officials, school district employees, sports officials, and employees of the Department of Children and Families, among others, can be reclassified as more severe offenses.
    • The reclassification depends on the type of assault or battery and the official or employee involved.
    • For example, aggravated battery on a sports official can be reclassified from a felony of the second degree to a felony of the first degree.

    Assault or Battery by a Person Detained in a Prison, Jail, or Other Detention Facility

    • Assault or battery by a person detained in a prison, jail, or other detention facility on a visitor or another detainee can be reclassified as a more severe offense.
    • The reclassification depends on the type of assault or battery.
    • For example, aggravated battery can be reclassified from a felony of the second degree to a felony of the first degree.

    Assault or Battery on Code Inspectors

    • Assault or battery on code inspectors while they are performing their duties can be reclassified as a more severe offense.
    • The reclassification depends on the type of assault or battery.
    • For example, aggravated battery can be reclassified from a felony of the second degree to a felony of the first degree.

    Battery of a Child by Throwing, Tossing, Projecting, or Expelling Certain Fluids or Materials

    • It is unlawful for anyone, except a child, to knowingly cause or attempt to cause a child to come into contact with certain bodily fluids or materials.
    • Violating this law is a felony of the third degree.
    • The term "child" refers to a person under 18 years of age.

    Reproductive Battery

    • A health care practitioner may not intentionally transfer reproductive material or implant an embryo without the recipient's consent.
    • Violating this law is a felony of the third degree.
    • If the violator is also the donor, it is a felony of the second degree.

    Violation of an Injunction for Protection Against Stalking or Cyberstalking

    • Violating an injunction for protection against stalking or cyberstalking can result in criminal charges or a motion for an order to show cause why the respondent should not be held in contempt.
    • The state attorney will determine whether to file charges or a motion within 30 working days.
    • If the court determines that the petitioner is in immediate danger, it can issue an order of appointment of the state attorney to file a motion for an order to show cause.

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    This quiz covers the definition and punishment of assault according to Florida Law, Chapter 784. Understand the elements of assault and its consequences.

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