Florida Law: Resisting an Officer

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Questions and Answers

What is the level of felony resulting from resisting an officer with violence?

Felony of the third degree

Who is legally authorized to execute process in the execution of legal process?

Any person legally authorized to execute process

What is the level of crime for resisting an officer without violence?

Misdemeanor of the first degree

Who can be resisted, obstructed, or opposed according to Florida law?

Any person legally authorized to execute process Signup and view all the answers

What is punishable under s. 775.082, s. 775.083, or s. 775.084?

Felony of the third degree Signup and view all the answers

What is the punishment for resisting an officer with violence?

Felony of the third degree Signup and view all the answers

Who are included in the definition of officers according to s. 943.10?

Members of the Florida Commission on Offender Review and others Signup and view all the answers

What is the difference between resisting an officer with violence and without violence?

Presence or absence of violence Signup and view all the answers

What is the punishment for refusing to assist prison officers in arresting escaped convicts?

Misdemeanor of the first degree Signup and view all the answers

What is the punishment for obstructing, resisting, or opposing a timber agent?

Misdemeanor of the second degree Signup and view all the answers

What is the punishment for neglecting or refusing to aid peace officers?

Misdemeanor of the first degree Signup and view all the answers

What is the punishment for falsely personating any officer during the course of the commission of a felony?

Felony of the second degree Signup and view all the answers

Who shall immediately arrest any convict who may have escaped?

Only prison officers and correctional officers Signup and view all the answers

What is the punishment for falsely personating any officer?

Felony of the third degree Signup and view all the answers

What happens if the commission of the felony results in the death or personal injury of another human being?

The punishment is increased to a felony of the first degree Signup and view all the answers

Who can a prison officer call upon to make search and arrest an escaped convict?

The sheriff or other officer of the state, or of any county or municipal corporation, or any citizen Signup and view all the answers

What is the punishment for neglecting or refusing to aid peace officers in the execution of their duties?

Misdemeanor of the first degree Signup and view all the answers

What happens if a person falsely personates an officer and takes upon himself or herself to act as such?

The person commits a felony of the third degree Signup and view all the answers

What is the definition of 'in custody' according to the Florida law?

When a person is placed in handcuffs by a law enforcement officer Signup and view all the answers

What is the penalty for possessing a concealed handcuff key in Florida?

Felony of the third degree Signup and view all the answers

Under what circumstances is a person exempt from the concealed handcuff key law?

When the person is a law enforcement officer or a licensed security officer Signup and view all the answers

What is the penalty for depriving a law enforcement officer of their means of protection or communication?

Felony of the third degree Signup and view all the answers

What is the definition of a 'concealed handcuff key' in Florida law?

Any key, tool, device, or implement used to unlock or remove handcuffs, carried in a manner that indicates an intent to prevent discovery Signup and view all the answers

What is the penalty for obstructing the due execution of the law by disguising oneself?

Misdemeanor of the first degree Signup and view all the answers

Who is exempt from the concealed handcuff key law, according to s. 843.021?

Federal, state, or local law enforcement officers, including reserve or auxiliary officers, licensed security officers, or private investigators Signup and view all the answers

What is the purpose of the concealed handcuff key law, according to s. 843.021?

To prevent individuals from carrying concealed handcuff keys with the intent to prevent discovery by law enforcement officers Signup and view all the answers

What is the penalty for depriving a correctional officer of their means of protection or communication?

Felony of the third degree Signup and view all the answers

What is the definition of a 'handcuff key' in Florida law?

Any key, tool, device, or implement used to unlock or remove handcuffs Signup and view all the answers

What is the punishment for conveying tools into a jail to aid a prisoner's escape?

Felony of the second degree Signup and view all the answers

Whoever knowingly aids or assists a person in escaping from an officer is guilty of what level of felony?

Felony of the third degree Signup and view all the answers

What is the punishment for aiding the escape of a juvenile inmate of a correctional institution?

Misdemeanor of the second degree Signup and view all the answers

Whoever has knowledge of a felony and takes money to conceal it is guilty of what?

Felony of the third degree Signup and view all the answers

What is the punishment for conveying a weapon, tool, or other thing to aid a prisoner in making his or her escape?

Felony of the second degree Signup and view all the answers

Whoever forcibly rescues a prisoner held in custody is guilty of what?

Felony of the second degree Signup and view all the answers

What is the punishment for aiding a prisoner in escaping, attempting to escape, or who has escaped?

Felony of the third degree Signup and view all the answers

Whoever knowingly aids or assists a person in escaping from an officer is guilty of what?

Felony of the third degree Signup and view all the answers

What is the punishment for compounding a felony punishable with death or imprisonment in the state prison?

Felony of the third degree Signup and view all the answers

What is the punishment for aiding the escape of a prisoner, if the prisoner commits a crime with the weapon, tool, or instrument conveyed?

Punishable as an accessory before the fact Signup and view all the answers

What is the primary purpose of the law regarding prohibited use of blue lights?

To reduce the vulnerability of citizens to criminal acts Signup and view all the answers

Who is exempt from the provisions of the prohibited use of blue lights?

Salespersons of law enforcement equipment Signup and view all the answers

What is the penalty for violating the prohibited use of blue lights?

Misdemeanor of the first degree Signup and view all the answers

What happens to the security given for release if a defendant fails to appear in court?

It is deemed forfeit Signup and view all the answers

What is included in the definition of 'flashing or rotating blue light'?

All forms of lights that display a blue light source Signup and view all the answers

What is the crime committed by a defendant who willfully fails to appear in court after being released on bail?

Felony of the third degree Signup and view all the answers

What is the purpose of the law regarding unlawful use of badges or other indicia of authority?

To prevent individuals from misusing law enforcement badges or indicia of authority Signup and view all the answers

Who is exempt from the prohibition on installing or transporting radio equipment using assigned frequencies?

All of the above Signup and view all the answers

What is a 'crime watch vehicle'?

A vehicle used by a crime watch program approved in writing by the sheriff or chief of police Signup and view all the answers

Who is exempt from the law regarding unlawful use of badges or other indicia of authority?

Persons appointed by the Governor pursuant to chapter 354 Signup and view all the answers

What is the penalty for installing or transporting radio equipment using assigned frequencies?

Misdemeanor of the first degree Signup and view all the answers

What is considered an 'authorized indicia of authority'?

Any item that displays in any manner or combination the word or words specified in the law Signup and view all the answers

What is the purpose of the prohibition on installing or transporting radio equipment using assigned frequencies?

To prevent unauthorized use of frequencies Signup and view all the answers

What is the penalty for violating the law regarding unlawful use of badges or other indicia of authority?

Misdemeanor of the first degree Signup and view all the answers

What is the purpose of the history section in the provided content?

To provide a history of the laws Signup and view all the answers

Who is authorized to designate a vehicle as an emergency vehicle?

All of the above Signup and view all the answers

What is the purpose of the exception for amateur radio operators?

To exempt amateur radio operators from the prohibition on installing or transporting radio equipment Signup and view all the answers

What is the significance of the chapter numbers in the provided content?

They refer to the laws of Florida Signup and view all the answers

What is the penalty for a defendant who willfully fails to appear in court after being released on bail for a misdemeanor?

Misdemeanor of the first degree Signup and view all the answers

What happens to the security given for release if a defendant appears in court as required?

It is returned to the defendant Signup and view all the answers

What does the term 'legal process' include, according to the statute?

A summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order, among others Signup and view all the answers

Who is considered a 'person' under the statute?

An individual, public or private group, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals Signup and view all the answers

What is the punishment for impersonating a public officer or employee in connection with legal process?

A felony of the third degree Signup and view all the answers

What is the intent of the Legislature in enacting this section?

To ensure that persons acting as public officers or employees are legitimate and authorized Signup and view all the answers

What is the punishment for simulating legal process with knowledge of its fraudulent nature?

A felony of the third degree Signup and view all the answers

What is the punishment for a jailer or officer who voluntarily allows a prisoner to escape?

A felony of the second degree Signup and view all the answers

What is the punishment for a jailer or officer who, through negligence, allows a prisoner to escape?

A misdemeanor of the first degree Signup and view all the answers

What is excluded from the application of this section?

Any act of any law enforcement officer or legal tribunal Signup and view all the answers

What does this section not prohibit?

All of the above Signup and view all the answers

What is the purpose of this section, in part?

To prevent fraudulent activities by unauthorized individuals Signup and view all the answers

What is the penalty for violating this section?

A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 Signup and view all the answers

Who is exempt from the prohibition of using certain words or insignia?

A fraternal, benevolent, or labor organization or association Signup and view all the answers

What is the purpose of a legal process?

To exercise jurisdiction or represent a claim against a person or property Signup and view all the answers

What is the penalty for selling or transferring an authorized badge or insignia with the intent to mislead?

A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 Signup and view all the answers

What is required of a transferor of an item covered by this subsection?

To maintain a written record of the transaction for 2 years Signup and view all the answers

What is an example of a criminal justice agency as defined in s. 943.045?

A law enforcement agency Signup and view all the answers

What is the purpose of this section?

To regulate the use of certain words and insignia Signup and view all the answers

Who is authorized to use a vehicle marked or identified as a law enforcement vehicle?

The appropriate agency and its use is authorized by such agency Signup and view all the answers

What is the definition of legal process in this section?

A document or order issued by a court or filed or recorded with an official court of this state or the United States Signup and view all the answers

What is the cumulative effect of this section?

It is cumulative to any law now in force in the state Signup and view all the answers

What is the penalty for maliciously publishing the residence address or telephone number of a law enforcement officer?

A misdemeanor of the first degree Signup and view all the answers

What is the penalty for fleeing or attempting to elude a law enforcement officer on a boat?

A felony of the third degree Signup and view all the answers

What is the penalty for intentionally causing great bodily harm, permanent disability, or death to a police canine or horse?

A felony of the second degree Signup and view all the answers

What happens to a vessel that is used to flee or attempt to elude a law enforcement officer?

It is subject to forfeiture Signup and view all the answers

What is a 'fire canine' as defined in the statute?

A canine used for detecting flammable materials Signup and view all the answers

What is the penalty for violating paragraph (1)(a) of the statute?

A misdemeanor of the first degree Signup and view all the answers

What is the penalty for violating paragraph (1)(b) of the statute?

A misdemeanor of the first degree Signup and view all the answers

What is the definition of a 'police horse' as defined in the statute?

A horse used for law enforcement operations Signup and view all the answers

What is the penalty for intentionally causing harm to a SAR canine?

A felony of the second degree Signup and view all the answers

What is the purpose of the statute regulating the publication of law enforcement officers' addresses?

To protect law enforcement officers from harassment Signup and view all the answers

Who is exempt from the prohibition of transmitting or causing to be transmitted over radio frequencies assigned to a governmental agency?

A volunteer communications personnel of a governmental agency Signup and view all the answers

What is the penalty for violating the prohibition of unauthorized transmissions to and interference with governmental radio frequencies?

A misdemeanor of the first degree Signup and view all the answers

Who may lawfully transmit or cause to be transmitted speech or sounds over authorized transmitters operating on frequencies specified in subsection (1)?

A person commanded to do so by an authorized operator of the transmitter Signup and view all the answers

What is prohibited under s. 843.167?

Divulging the existence of a police radio communication to a suspect in a crime Signup and view all the answers

What is presumed to have occurred if a person charged with a crime possessed or used a police scanner or similar device?

The person was attempting to intercept police radio communications Signup and view all the answers

Who may be exempt from the prohibition of transmitting or causing to be transmitted over radio frequencies assigned to a governmental agency?

A volunteer communications personnel of a governmental agency Signup and view all the answers

What is the penalty for unauthorized use of police communications?

A misdemeanor of the first degree Signup and view all the answers

Who may lawfully transmit or cause to be transmitted speech or sounds over authorized transmitters operating on frequencies specified in subsection (1)?

A radio technician or installer testing, repairing, or installing radio equipment Signup and view all the answers

What is prohibited under s. 843.165?

Transmitting or causing to be transmitted over radio frequencies assigned to a governmental agency Signup and view all the answers

Who may be authorized to transmit or cause to be transmitted over radio frequencies assigned to a governmental agency?

A volunteer communications personnel of a governmental agency Signup and view all the answers

For sentencing purposes, how is a burglary that is reclassified under this section ranked?

One level above the ranking specified in s. 921.0022 or s. 921.0023 Signup and view all the answers

What is included in the definition of an electronic monitoring device?

Any device used to track a person's location, including GPS and cell phones Signup and view all the answers

What is the penalty for tampering with an electronic monitoring device?

Felony of the third degree Signup and view all the answers

What is the purpose of s. 921.0022 and s. 921.0023?

To determine the ranking of a burglary for sentencing purposes Signup and view all the answers

What is the penalty for requesting, authorizing, or soliciting someone to tamper with an electronic monitoring device?

Felony of the third degree Signup and view all the answers

What is the range of penalties for tampering with an electronic monitoring device?

Punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Signup and view all the answers

What is the penalty for intentionally and maliciously harming a police canine, fire canine, SAR canine, or police horse?

Misdemeanor of the first degree Signup and view all the answers

What is the penalty for willfully harassing, threatening, or intimidating a member of a neighborhood crime watch program?

Misdemeanor of the first degree Signup and view all the answers

What is the penalty for depriving a crime victim of medical care, resulting in the victim's death?

Felony of the second degree Signup and view all the answers

What is the penalty for traveling across county lines with the intent to commit a burglary?

Burglary is reclassified to the next higher degree Signup and view all the answers

What is meant by the term 'harass' in the context of harassment of a neighborhood crime watch program member?

To engage in a course of conduct that causes substantial emotional distress Signup and view all the answers

What determines a person's county of residence?

All of the above Signup and view all the answers

What is the penalty for depriving a crime victim of medical care, resulting in the victim's medical condition worsening?

Felony of the third degree Signup and view all the answers

What is meant by the term 'organized neighborhood crime watch program activity'?

Any prearranged event or meeting conducted by a neighborhood crime watch program Signup and view all the answers

What is the penalty for traveling across county lines with the intent to commit a burglary, if the purpose of the travel is to thwart law enforcement?

The degree of the burglary shall be reclassified to the next higher degree Signup and view all the answers

What is the definition of 'burglary' in the context of traveling across county lines with the intent to commit a burglary?

Burglary as defined in s. 810.02, including an attempt, solicitation, or conspiracy to commit such offense Signup and view all the answers

Study Notes

Resistance to Officers

Resisting officer with violence: Whoever knowingly and willfully resists, obstructs, or opposes an officer, including parole and probation supervisors, Department of Law Enforcement personnel, and other legally authorized persons, by offering or doing violence to the officer, is guilty of a felony of the third degree.
Resisting officer without violence: Whoever resists, obstructs, or opposes an officer without offering or doing violence is guilty of a misdemeanor of the first degree.

Concealed Handcuff Keys

Unlawful possession of a concealed handcuff key: Possessing a concealed handcuff key while in custody is a felony of the third degree.
Defenses: It is a defense to this charge if the person in custody immediately discloses the possession of a concealed handcuff key to the law enforcement officer, or if the person is a law enforcement officer, investigator, or agent.

Obstruction and Deprivation of Protection

Depriving officer of means of protection or communication: Depriving an officer of their weapon, radio, or other means of protection or communication is a felony of the third degree.
Neglect or refusal to aid peace officers: Neglecting or refusing to assist a peace officer in the execution of their duties, including preserving the peace, is a misdemeanor of the second degree.

False Personation

False personation: Falsely assuming or pretending to be a law enforcement officer, including firefighters, and taking actions as such, is a felony of the third degree.
Enhanced penalties: If the false personation occurs during the commission of a felony, it is a felony of the second degree. If the commission of the felony results in death or personal injury, it is a felony of the first degree.

Unlawful Use of Badges and Authority

Unlawful use of badges or other indicia of authority: Wearing or displaying a badge or other indicia of authority, including uniforms, with the intent to mislead or cause another person to believe that one is a law enforcement officer, is a misdemeanor of the first degree.
Unauthorized use of vehicles: Owning or operating a vehicle marked or identified as a law enforcement vehicle, including using lettering, markings, or insignia, with the intent to mislead, is a misdemeanor of the first degree.

Criminal Actions Under Color of Law

Criminal actions under color of law: Deliberately impersonating a public officer or employee, taking actions under color of law, or simulating legal process, including fraudulently affecting title to real or personal property, is a felony of the third degree.
Falsely influencing or intimidating officers: Falsely attempting to influence, intimidate, or hinder a public officer or employee, including through threats or simulated legal process, is a felony of the third degree.### Escape by Negligence of Officer
If a jailer or other officer, through negligence, allows a prisoner to escape, they shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Conveying Tools into Jail to Aid Escape

Whoever conveys into a jail or other like place of confinement any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his or her escape, with intent to facilitate the escape, shall be guilty of a felony of the second degree.
If the person whose escape was effected or intended was charged with an offense not capital nor punishable by imprisonment in the state prison, then a person who assists a prisoner shall be guilty of a misdemeanor of the first degree.

Aiding Escape

Whoever knowingly aids or assists a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of such person, is guilty of a felony of the third degree.

Aiding Escape of Juvenile Inmates

Whoever knowingly aids or assists any inmate of any correctional institution for boys or girls in escaping, or who knowingly aids or assists such inmate to make his or her escape or to avoid detention or recapture, shall be guilty of a misdemeanor of the second degree.

Compounding Felony

Whoever, having knowledge of the commission of an offense punishable with death or by imprisonment in the state prison, takes money or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, expressed or implied, to compound or conceal such offense, shall be guilty of a felony of the third degree.

Failure of Defendant on Bail to Appear

Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture of any security which was given or pledged for their release and, in addition, shall be guilty of a felony of the third degree.

Unlawful to Install or Transport Radio Equipment

A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers.
Exceptions include:
- Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
- Any recognized newspaper or news publication engaged in covering the news on a full-time basis.
- Any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.
- Any sworn law enforcement officer or emergency service employee.

Unauthorized Transmissions to and Interference with Governmental and Associated Radio Frequencies

A person may not transmit or cause to be transmitted over any radio frequency with knowledge that such frequency is assigned by the Federal Communications Commission to a state, county, or municipal governmental agency, water management district, or any public or private emergency medical services provider.
Exceptions include:
- Authorized operators of the transmitter.
- Employees of the agency who are authorized to transmit by virtue of their duties with the agency.
- Those persons holding a valid station license assigned by the Federal Communications Commission to transmit on such frequencies.

Unlawful Use of Police Communications

A person may not intercept any police radio communication by use of a scanner or any other means for the purpose of using that communication to assist in committing a crime or to escape from or avoid detection, arrest, trial, conviction, or punishment.
Any person who is charged with a crime and who, during the time such crime was committed, possessed or used a police scanner or similar device capable of receiving police radio transmissions is presumed to have violated the prohibition.

Publishing Name and Address of Law Enforcement Officer

Any person who maliciously, with intent to obstruct the due execution of the law or with the intent to intimidate, hinder, or interrupt any law enforcement officer in the legal performance of his or her duties, publishes or disseminates the residence address or telephone number of any law enforcement officer, shall be guilty of a misdemeanor of the first degree.

Boats; Fleeing or Attempting to Elude a Law Enforcement Officer

It is unlawful for the operator of any boat plying the waters of the state, having knowledge that she or he has been directed to stop such vessel by a duly authorized law enforcement officer, willfully to refuse or fail to stop in compliance with such directive or, having stopped in knowing compliance with such a directive, willfully to flee in an attempt to elude such officer.
Any violation of this section with respect to any vessel shall constitute such vessel as contraband which may be seized by a law enforcement agency and which shall be subject to forfeiture.

Offenses Against Police Canines, Fire Canines, SAR Canines, or Police Horses

Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse, commits a felony of the second degree.
Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse, commits a misdemeanor of the first degree.
Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties, commits a misdemeanor of the second degree.

Harassment of Participant of Neighborhood Crime Watch Program

It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person to willfully harass, threaten, or intimidate an identifiable member of a neighborhood crime watch program while such member is engaged in, or traveling to or from, an organized neighborhood crime watch program activity.

Depriving Crime Victim of Medical Care

A person who takes custody of or exercises control over a person he or she knows to be injured as a result of criminal activity and deprives that person of medical care with the intent to avoid, delay, hinder, or obstruct any investigation of the criminal activity contributing to the injury, commits a felony of the third degree.

Traveling Across County Lines with Intent to Commit a Burglary

If a person who commits a burglary travels any distance with the intent to commit the burglary in a county in this state other than the person's county of residence, the degree of the burglary shall be reclassified to the next higher degree.
The purpose of the person's travel is to thwart law enforcement attempts to track the items stolen in the burglary.### Electronic Monitoring Device Tampering
An electronic monitoring device is any device used to track a person's location.
It is unlawful to intentionally and without authority:
- Remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device required by a court order or the Florida Commission on Offender Review.
- Request, authorize, or solicit someone to remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device required by a court order or the Florida Commission on Offender Review.

Penalties

Violating this section is a felony of the third degree.
Penalties are punishable as provided in:
- s. 775.082
- s. 775.083
- s. 775.084

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