Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE Josh Test
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Questions and Answers

An 'assault' is?

  • An unlawful threat by word or act to do violence with an apparent ability to do so, and creates a well-founded fear. (correct)
  • A physical attack on someone without any warning.
  • A verbal disagreement that escalates into shouting.
  • A legal justification for self-defense.

    • A person who assaults another person commits a?

  • Misdemeanor of the second degree (correct)
  • Felony
  • Civil offense
  • Traffic violation

    • A person who assaults another person in furtherance of a riot commits what type of offense?

  • Felony
  • Misdemeanor of the first degree (correct)
  • Civil offense
  • Accessory charge

    • What qualifies as an "aggravated assault"?

    <p>With a deadly weapon without the intent to kill</p> Signup and view all the answers

    A person who commits aggravated assault commits what type of crime?

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

    The offense of battery occurs when a person?

    <p>Actually and intentionally touches or strikes another person against the will of the other</p> Signup and view all the answers

    A person who commits battery commits a?

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

    A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a?

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

    A person commits battery by strangulation if he or she knowingly and intentionally, against the will of another person, what?

    <p>Impedes the normal breathing or circulation of the blood of that person so as to create a risk of or cause great bodily harm, by applying pressure on the throat or neck of the other person, or by blocking the nose or mouth of the other person</p> Signup and view all the answers

    Battery by strangulation is classified as what type of offense?

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

    A person commits felony battery if he or she actually and intentionally touches or strikes another person against the will of the other; and ?

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

    A person who commits felony battery or domestic battery by strangulation commits a?

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

    A person commits aggravated battery if they, in committing battery, do which of the following? (Select all that apply)

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

    Aggravated Battery is classified as what type of crime?

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

    What does "repeat violence" mean?

    <p>Two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition.</p> Signup and view all the answers

    What does "dating violence" mean?

    <p>Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature</p> Signup and view all the answers

    What are the factors that qualify a relationship as dating violence? (Select all that apply)

    <p>A dating relationship must have existed within the past 6 months</p> Signup and view all the answers

    Within _____ after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court shall electronically transmit a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides.

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

    Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence, or changes or vacates the injunction, to whom must the clerk of the court electronically transmit a copy of the injunction?

    <p>The sheriff with jurisdiction over the residence of the petitioner.</p> Signup and view all the answers

    Within ____ after service of process of an injunction for protection the law enforcement officer must electronically transmit the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner?

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

    Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection. . The automated notice must be made within ______ after the sheriff or other law enforcement officer serves the injunction?

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

    A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence commits what offense?

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

    A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits?

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

    What does the term 'harass' mean?

    <p>To engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose</p> Signup and view all the answers

    What does "course of conduct" mean?

    <p>pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose</p> Signup and view all the answers

    What does the term “credibile threat” mean?

    <p>A verbal or nonverbal threat, or a combination of the two which places the person who is the target of the threat in reasonable fear</p> Signup and view all the answers

    A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of?

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

    A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits?

    <p>Aggravated stalking, a felony of the third degree</p> Signup and view all the answers

    A person who, after an injunction for protection against repeat violence or an injunction for protection against domestic violence, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits what crime?

    <p>Aggravated stalking, a felony of the third degree</p> Signup and view all the answers

    A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under ____ commits the offense of aggravated stalking, a felony of the third degree?

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

    In dealing with injunctions almost all notifications are within?

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

    A person violates an order for projection by?

    <p>an act of repeat violence or Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied</p> Signup and view all the answers

    A person can also violate an order for protection by?

    <p>Defacing or destroying the petitioner’s personal property</p> Signup and view all the answers

    What is the classification of a violation of an order for protection?

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

    A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits?

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

    The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to?

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

    The clerk of court may not assess a filing fee to file a petition for protection against stalking. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection against stalking issued by the court, at the rate of ____ and payment to law enforcement for service shall not exceed _____. What are the correct amounts?

    <p>$40 and $20</p> Signup and view all the answers

    Any such ex parte temporary injunction is effective for a fixed period not to exceed?

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

    The terms of an injunction restraining the respondent or ordering other relief for the protection of the victim shall remain in effect until?

    <p>modified or dissolved and either party may move for it to be modified or dissolved</p> Signup and view all the answers

    A final judgment on an injunction for protection against stalking entered pursuant to this section must, on its face, provide that it is a ________ for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition.

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

    In cases of violation of an injunction for protection against stalking or cyberstalking, no later than how many days after receiving the initial report must the local law enforcement agency complete its investigation and forward a report to the state attorney?

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

    The state attorney shall determine within _________ 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.

    <p>30 Working Days</p> Signup and view all the answers

    A person who willfully violates an injunction for protection against stalking or cyberstalking issued commits a?

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

    According to the Legislature, what does a person depicted in a sexually explicit image taken with their consent retain?

    <p>A reasonable expectation that the image will remain private</p> Signup and view all the answers

    A person who willfully and maliciously sexually cyberharasses another person commits a?

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

    A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent offense commits a?

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

    Monetary damages to include _______ or actual damages incurred as a result of a violation of sexual cyberharassment, whichever is greater?

    <p>$10,000</p> Signup and view all the answers

    What is the penalty for a person who willfully and maliciously harasses or intimidates another person based on their religious or ethnic heritage?

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

    A person who violates harassment or intimidation based on religious or ethnic heritage and, in the course of committing the violation, makes a credible threat commits a:

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

    What is the legal consequence for a person who unlawfully uses force or threats with two or more persons acting with common intent?

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

    Whoever, through culpable negligence, exposes another person to personal injury commits a?

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

    Whoever, through culpable negligence, inflicts actual personal injury on another commits a?

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

    What crime is committed if a person stores or leaves a loaded firearm within the reach or easy access of a minor, and the minor subsequently obtains the firearm and uses it to inflict injury or death upon themselves or another person?

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

    When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to?

    <p>7 days after the date of the shooting</p> Signup and view all the answers

    With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office regarding violations of this subsection. What shall the state attorney evaluate and do?

    <p>Take such action as he or she deems appropriate under the circumstances</p> Signup and view all the answers

    When referring to access to a firearm by a minor, who is considered a minor?

    <p>Any person under the age of 16</p> Signup and view all the answers

    Any 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, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits what offense?

    <p>A noncriminal violation</p> Signup and view all the answers

    Any 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 commits what offense?

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

    Any 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, resulting in bodily injury, commits what type of crime?

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

    Whenever any person is charged with knowingly committing an assault or battery upon a specified person, what is the level of the charge?

    <p>Enhanced 1 degree</p> Signup and view all the answers

    A person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot shall be sentenced to a minimum term of imprisonment of:

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

    Any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of?

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

    Any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of?

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

    Any person who is convicted of a battery of a specified person and, during the commission of the offense, such person possessed a 'firearm' or 'destructive device' shall be sentenced to a minimum term of imprisonment of?

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

    Any person who is convicted of a battery of a specified person and, during the commission of the offense, possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun shall be sentenced to a minimum term of imprisonment of what duration?

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

    Under what conditions will the Department of Law Enforcement issue a blue alert for a law enforcement officer? (Select all that apply)

    <p>The law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon.</p> Signup and view all the answers

    The blue alert shall be immediately disseminated to the public through the?

    <p>emergency alert system by broadcasting the alert on television, radio, and the dynamic message signs that are located along the state’s highways</p> Signup and view all the answers

    What is the reclassification of the offense when a person assaults a staff member at a sexually violent predators detention facility, including persons employed by the Department of Children and Families, while the staff member is performing their duties and the offender knows the victim's identity?

    <p>One degree higher</p> Signup and view all the answers

    What type of crime is committed when battery is inflicted on detention or commitment facility staff or a juvenile probation officer?

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

    A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a?

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

    What is the consequence for a person who unlawfully causes an employee of a facility to come into contact with bodily fluids while being detained?

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

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

    <p>3 years and fined not more than $10,000</p> Signup and view all the answers

    Whenever a person is charged with committing an assault or aggravated assault, or a battery or aggravated battery upon a person 65 years of age or older, what shall happen to the offense for which the person is charged?

    <p>Reclassified one degree higher</p> Signup and view all the answers

    Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee, the offense for which the person is charged shall be:

    <p>Reclassified one degree higher</p> Signup and view all the answers

    What degree of felony is committed if a person unlawfully causes a child to come into contact with blood, seminal fluid, or urine or feces, as defined in this section?

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

    What legal classification is assigned to a health care practitioner who commits reproductive battery by intentionally transferring reproductive material without the recipient's consent?

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

    A health care practitioner who violates this section and is the donor of the reproductive material commits what type of crime?

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

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