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Florida's Statute of Limitations 775.15 7/16/2024
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Florida's Statute of Limitations 775.15 7/16/2024

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@jkhender

Questions and Answers

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?

  • 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 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?

    <p>1 year</p> Signup and view all the answers

    When is an offense considered committed?

    <p>When every element has occurred</p> Signup and view all the answers

    What triggers the start of the time period for prosecution?

    <p>The day after the offense is committed</p> Signup and view all the answers

    How is prosecution commenced if the defendant has previously been arrested or served with a summons?

    <p>By filing an indictment or information</p> Signup and view all the answers

    What is required for a prosecution on a charge on which the defendant has not previously been arrested or served with a summons?

    <p>Execution of the capias, summons, or other process without unreasonable delay</p> Signup and view all the answers

    What is considered when determining what is reasonable?

    <p>Inability to locate the defendant after diligent search or the defendant's absence from the state</p> Signup and view all the answers

    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?

    <p>The period for commencing prosecution is extended 3 months from the time the indictment or information is dismissed or set aside</p> Signup and view all the answers

    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?

    <p>The period of limitation does not run during that time</p> Signup and view all the answers

    What is the time limit for commencing prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony?

    <p>At any time</p> Signup and view all the answers

    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'?

    <p>Within 10 years</p> Signup and view all the answers

    What is the time limit for commencing prosecution for a felony violation of chapter 517 or s. 409.920?

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

    What is the time limit for commencing prosecution for a felony violation of chapter 403?

    <p>Within 5 years after the date of discovery of the violation</p> Signup and view all the answers

    What is the time limit for commencing prosecution for a felony violation of s. 440.105 or s. 817.234?

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

    What happens if the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired?

    <p>A prosecution may be commenced for any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense</p> Signup and view all the answers

    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?

    <p>The applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier</p> Signup and view all the answers

    Under what condition can a prosecution for video voyeurism be commenced within 1 year?

    <p>Within 1 year after the victim obtains actual knowledge of the recording or it is confiscated by law enforcement</p> Signup and view all the answers

    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?

    <p>Under 16 years of age</p> Signup and view all the answers

    When can a prosecution for a violation of s. 787.06 be commenced?

    <p>At any time</p> Signup and view all the answers

    What is the effective date for a prosecution of s. 794.011 if the victim is younger than 18 years old?

    <p>July 1, 2020</p> Signup and view all the answers

    When can a prosecution for an offense under s. 827.071(2) or (3) be commenced?

    <p>At any time, if the offender was 18 years old or older</p> Signup and view all the answers

    What is the condition for an offense under s. 800.04(4) or (5) to be exempt from the statute of limitations?

    <p>The victim is under 16 years old at the time of the offense</p> Signup and view all the answers

    What is the effective date for a prosecution of an offense under s. 800.04(4) or (5) that is not otherwise barred?

    <p>October 1, 2014</p> Signup and view all the answers

    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?

    <p>At any time, without exception</p> Signup and view all the answers

    What should a law enforcement agency or other governmental agency do with an allegation of a felony violation of s. 794.011?

    <p>Promptly report it to the state attorney for the judicial circuit in which the alleged violation occurred</p> Signup and view all the answers

    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?

    <p>At any time</p> Signup and view all the answers

    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?

    <p>Yes, regardless of when reported</p> Signup and view all the answers

    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?

    <p>For an offense of sexual battery under chapter 794 or a lewd or lascivious offense under s. 800.04 or s. 825.1025</p> Signup and view all the answers

    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?

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

    When can a prosecution for an offense of aggravated battery or any felony battery offense under chapter 784 be commenced?

    <p>At any time after the identity of the accused is established through DNA evidence</p> Signup and view all the answers

    What is the significance of July 1, 2003, in relation to the prosecution of certain offenses?

    <p>It is the date after which certain offenses can be prosecuted at any time</p> Signup and view all the answers

    What is the significance of July 1, 2010, in relation to the prosecution of certain offenses?

    <p>It is the date after which certain offenses can be prosecuted at any time, if the victim was under 16 years of age at the time the offense was committed</p> Signup and view all the answers

    What is the significance of July 1, 2015, in relation to the prosecution of certain offenses?

    <p>It is the date after which certain offenses can be prosecuted within 8 years after the violation</p> Signup and view all the answers

    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?

    <p>For certain offenses, including aggravated battery or any felony battery offense under chapter 784</p> Signup and view all the answers

    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

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    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.

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