32 Questions
What is the punishment for deserting one's wife and children in the state?
Felony of the third degree
Who can be prosecuted for desertion in the state?
Both mothers and fathers, except husbands with grounds for dissolution of marriage
What is considered a child for the purposes of this statute?
Biological and adopted children, as well as children born out of wedlock
What is the condition for a husband to be exempt from prosecution for desertion?
If he has grounds for dissolution of marriage
What is the penalty for a mother who deserts her child?
Felony of the third degree
What is the criterion for a man to be considered the father of a child born out of wedlock?
If he has been adjudged or decreed to be the father by a court
What is the primary condition for a person to be subject to the loitering and prowling law?
The person has a prior conviction for a crime against a minor.
What is the distance restriction from a place where children congregate for a person described in subsection (1)?
300 feet
What is the punishment for violating this section?
Misdemeanor of the first degree
Who can arrest a suspected loiterer or prowler without a warrant?
Any sheriff, police officer, or other law enforcement officer
What is the exception to the loitering and prowling law for a person described in subsection (1) regarding voting?
The person can vote at a polling station that is a child care facility or school
What is the purpose of the notification requirement for a person described in subsection (1) in a child care facility or school?
To ensure the safety of children in the facility or school
What is the definition of a 'school official' in this statute?
A principal, school resource officer, teacher, or any other employee of the school
What is the exception to the loitering and prowling law for a person described in subsection (1) regarding their own children or grandchildren?
The person can drop off or pick up their own children or grandchildren at a child care facility or school
What is the condition for a person to be exempt from the loitering and prowling law?
The person has been removed from the requirement to register as a sexual offender
What is the purpose of the statute?
To protect children from loitering and prowling
What is the penalty for a person who has been convicted or forfeited collateral under the provisions of disorderly intoxication three times in the preceding 12 months?
Commitment to a treatment resource for up to 60 days
What is the definition of an 'alcoholic beverage' according to Florida law?
A beverage containing 0.5 percent or more alcohol by volume
What is the definition of a 'minor' according to Florida law?
An individual not legally permitted by reason of age to possess alcoholic beverages
What is the penalty for a person who violates the provisions of disorderly intoxication?
A misdemeanor of the second degree
What is the definition of 'control' according to Florida law?
The authority to regulate, direct, or dominate
What is the purpose of a law enforcement officer taking an intoxicated person to a public or private health facility?
To protect the individual and others from harm
What is the definition of an 'open house party' according to Florida law?
A social gathering at a private residence
What is the definition of a 'person' according to Florida law?
An individual 18 years of age or older
What is considered a 'residence' according to the law?
A home, apartment, condominium, or other dwelling unit
What is the penalty for a person who violates the provision of allowing an open house party to take place with minors consuming alcohol or drugs?
Misdemeanor of the second degree
Under what circumstances may an open house party with minors consuming alcohol or drugs be allowed?
At legally protected religious observances or activities
What happens if a person violates the provision of allowing an open house party to take place with minors consuming alcohol or drugs for a second or subsequent time?
The penalty is increased to a misdemeanor of the first degree
What is the consequence if a violation of the provision of allowing an open house party to take place with minors consuming alcohol or drugs causes serious bodily injury or death?
The penalty is increased to a misdemeanor of the first degree
What is loitering or prowling?
Loitering or prowling in a place, at a time or in a manner not usual for law-abiding individuals
What is a circumstance that may be considered in determining whether a person's loitering or prowling warrants alarm or immediate concern?
The fact that the person takes flight upon appearance of a law enforcement officer
What is the penalty for a person who violates the provision of loitering or prowling?
Misdemeanor of the second degree
Study Notes
Disorderly Intoxication
- In Florida, it is illegal to be intoxicated in a public place and endanger the safety of another person or property.
- A person who violates this law can be guilty of a misdemeanor of the second degree.
Open House Parties
- It is illegal for a person in control of a residence to allow an open house party to take place where minors are consuming alcohol or drugs.
- A person who violates this law can be guilty of a misdemeanor of the second degree, and subsequent violations can be classified as a misdemeanor of the first degree.
- If the violation causes or contributes to serious bodily injury or death to a minor, the violation is a misdemeanor of the first degree.
Loitering or Prowling
- It is illegal to loiter or prowl in a place, at a time, or in a manner that is not usual for law-abiding individuals, and causes justifiable alarm or immediate concern for the safety of persons or property in the vicinity.
- A person who violates this law can be guilty of a misdemeanor of the second degree.
Loitering or Prowling by Certain Offenders
- This section applies to offenders convicted of certain crimes against minors, such as sexual offenses, and prohibits them from loitering or prowling near places where children congregate.
- Violators can be guilty of a misdemeanor of the first degree.
Arrest without Warrant
- Law enforcement officers can arrest suspected loiterers or prowlers without a warrant if delay in procuring one would enable the suspect to escape arrest.
Desertion and Withholding Support
- Any person who deserts their spouse or child, or withholds support from them, can be guilty of a felony of the third degree.
- However, a husband cannot be prosecuted for deserting his wife or withholding support if there is an existing cause for dissolution of marriage.
Test your knowledge of Florida law regarding disorderly intoxication in public places and its consequences.
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