Podcast
Questions and Answers
A prosecution for a capital felony may be commenced how long after it is committed?
A prosecution for a capital felony may be commenced how long after it is committed?
- Within 3 years
- Within 1 year
- At any time (correct)
- Within 4 years
What happens to capital felonies if the death penalty is found to be unconstitutional?
What happens to capital felonies if the death penalty is found to be unconstitutional?
- They are no longer prosecuted
- They are considered life felonies (correct)
- The statute of limitations is reduced
- They become misdemeanors
When is a prosecution for a felony of the first degree commenced?
When is a prosecution for a felony of the first degree commenced?
- When the offense is committed
- Within 4 years after it is committed (correct)
- When the indictment is filed
- When the defendant is arrested
How long does the state have to commence prosecution for a misdemeanor of the second degree?
How long does the state have to commence prosecution for a misdemeanor of the second degree?
When is an offense considered committed?
When is an offense considered committed?
What triggers the start of the time period for prosecution?
What triggers the start of the time period for prosecution?
How is prosecution commenced if the defendant has previously been arrested or served with a summons?
How is prosecution commenced if the defendant has previously been arrested or served with a summons?
What is required for a prosecution on a charge on which the defendant has not previously been arrested or served with a summons?
What is required for a prosecution on a charge on which the defendant has not previously been arrested or served with a summons?
What is considered when determining what is reasonable?
What is considered when determining what is reasonable?
What happens if an indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed?
What happens if an indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed?
What happens to the period of limitation when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state?
What happens to the period of limitation when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state?
What is the time limit for commencing prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony?
What is the time limit for commencing prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony?
What is the time limit for commencing prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a 'destructive device'?
What is the time limit for commencing prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a 'destructive device'?
What is the time limit for commencing prosecution for a felony violation of chapter 517 or s. 409.920?
What is the time limit for commencing prosecution for a felony violation of chapter 517 or s. 409.920?
What is the time limit for commencing prosecution for a felony violation of chapter 403?
What is the time limit for commencing prosecution for a felony violation of chapter 403?
What is the time limit for commencing prosecution for a felony violation of s. 440.105 or s. 817.234?
What is the time limit for commencing prosecution for a felony violation of s. 440.105 or s. 817.234?
What happens if the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired?
What happens if the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired?
What happens if the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18?
What happens if the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18?
Under what condition can a prosecution for video voyeurism be commenced within 1 year?
Under what condition can a prosecution for video voyeurism be commenced within 1 year?
What is the age requirement for a victim in a prosecution of s. 800.04(4) or (5) that can be commenced at any time?
What is the age requirement for a victim in a prosecution of s. 800.04(4) or (5) that can be commenced at any time?
When can a prosecution for a violation of s. 787.06 be commenced?
When can a prosecution for a violation of s. 787.06 be commenced?
What is the effective date for a prosecution of s. 794.011 if the victim is younger than 18 years old?
What is the effective date for a prosecution of s. 794.011 if the victim is younger than 18 years old?
When can a prosecution for an offense under s. 827.071(2) or (3) be commenced?
When can a prosecution for an offense under s. 827.071(2) or (3) be commenced?
What is the condition for an offense under s. 800.04(4) or (5) to be exempt from the statute of limitations?
What is the condition for an offense under s. 800.04(4) or (5) to be exempt from the statute of limitations?
What is the effective date for a prosecution of an offense under s. 800.04(4) or (5) that is not otherwise barred?
What is the effective date for a prosecution of an offense under s. 800.04(4) or (5) that is not otherwise barred?
When can a prosecution for an offense under s. 827.071(2) or (3) be commenced, if the offender was 18 years old or older?
When can a prosecution for an offense under s. 827.071(2) or (3) be commenced, if the offender was 18 years old or older?
What should a law enforcement agency or other governmental agency do with an allegation of a felony violation of s. 794.011?
What should a law enforcement agency or other governmental agency do with an allegation of a felony violation of s. 794.011?
What is the time limit to commence prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours?
What is the time limit to commence prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours?
If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, can a prosecution of the offense be commenced at any time?
If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, can a prosecution of the offense be commenced at any time?
Under what circumstance can a prosecution for an offense be commenced within 1 year after the date on which the identity of the accused is established through DNA evidence?
Under what circumstance can a prosecution for an offense be commenced within 1 year after the date on which the identity of the accused is established through DNA evidence?
What is the time limit to commence prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is not reported within 72 hours?
What is the time limit to commence prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is not reported within 72 hours?
When can a prosecution for an offense of aggravated battery or any felony battery offense under chapter 784 be commenced?
When can a prosecution for an offense of aggravated battery or any felony battery offense under chapter 784 be commenced?
What is the significance of July 1, 2003, in relation to the prosecution of certain offenses?
What is the significance of July 1, 2003, in relation to the prosecution of certain offenses?
What is the significance of July 1, 2010, in relation to the prosecution of certain offenses?
What is the significance of July 1, 2010, in relation to the prosecution of certain offenses?
What is the significance of July 1, 2015, in relation to the prosecution of certain offenses?
What is the significance of July 1, 2015, in relation to the prosecution of certain offenses?
Under what circumstances can a prosecution for an offense be commenced at any time after the date on which the identity of the accused is established through DNA evidence?
Under what circumstances can a prosecution for an offense be commenced at any time after the date on which the identity of the accused is established through DNA evidence?
Study Notes
Time Limitations for Prosecutions in Florida
- A prosecution for a capital felony, life felony, or felony that resulted in a death may be commenced at any time.
General Time Limitations
- Prosecutions for other offenses are subject to the following periods of limitation:
- Felony of the first degree: 4 years after it is committed
- Other felonies: 3 years after it is committed
- Misdemeanor of the first degree: 2 years after it is committed
- Misdemeanor of the second degree or noncriminal violation: 1 year after it is committed
When an Offense is Committed
- An offense is committed either when every element has occurred or when a legislative purpose to prohibit a continuing course of conduct plainly appears
- Time starts to run on the day after the offense is committed
Commencement of Prosecution
- Prosecution is commenced by the filing of an indictment, information, or other charging document
- If the defendant has not previously been arrested or served with a summons, prosecution is commenced when an indictment or information is filed and the capias, summons, or other process is executed without unreasonable delay
Extensions of Time Limitations
- The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state
- This provision shall not extend the period of limitation otherwise applicable by more than 3 years
Special Provisions
- A prosecution for perjury in an official proceeding related to the prosecution of a capital felony may be commenced at any time
- A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a "destructive device", may be commenced within 10 years
- Prosecutions for certain specific offenses, such as fraud, breach of fiduciary obligation, and violations of chapters 517, 403, 440, and 817, have specific time limitations
- Prosecutions for sexual offenses, including sexual battery and lewd or lascivious offenses, have specific time limitations and exceptions
- Prosecutions for certain offenses, including video voyeurism and child abuse, have specific time limitations and exceptions
DNA Evidence
- In cases where DNA evidence is used to establish the identity of the accused, prosecutions for certain offenses, including sexual battery and kidnapping, may be commenced at any time after the identity of the accused is established
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers Florida's statute of limitations for various felonies, including capital and life felonies. It explores the exceptions and time limitations for prosecution.
