FSS General Penalties Josh Test
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Questions and Answers

The term 'felony' shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by what?

  • A fine not exceeding $500
  • Death or imprisonment in a state penitentiary (correct)
  • Community service
  • Probation

    • The term 'felony' shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary for a minimum term of?

  • in excess of 1 year (correct)
  • less than 1 year
  • 6 months
  • not punishable by imprisonment

    • The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in ?

  • probation
  • State Prison
  • Halfway House
  • county correctional facility (correct)

    • The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state by no other penalty than a?

    <p>All the Above</p> Signup and view all the answers

    Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into what categories?

    <p>All the above</p> Signup and view all the answers

    A capital felony and a life felony must be?

    <p>designated by statute</p> Signup and view all the answers

    Any crime declared by statute to be a felony without specification of degree is considered what?

    <p>3rd degree felony</p> Signup and view all the answers

    Misdemeanors are classified, for the purpose of sentence and for any other purposes specifically provided by statute, into what categories?

    <p>First degree</p> Signup and view all the answers

    Any crime declared by statute to be a misdemeanor without specification of degree is considered as what?

    <p>2nd degree</p> Signup and view all the answers

    The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender?

    <p>was wearing a hood, mask, or other device that concealed his or her identity</p> Signup and view all the answers

    Match the crimes as an enhancement for wearing a mask to conceal identity while committing a criminal offense

    <p>Misdemeanor 2nd = Misdemeanor 1st Misdemeanor 1st = Felony 3rd Felony 3rd = Felony 2nd Felony 2nd = Felony 1st</p> Signup and view all the answers

    What is the threat level requirement of a bulletproof vest for the statute of possession of a bulletproof vest while committing certain offenses?

    <p>Threat level 1</p> Signup and view all the answers

    No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any?

    <p>All the above</p> Signup and view all the answers

    The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences?

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

    Which of the following categories are included in prejudice for statutory purposes? (Select all that apply)

    <p>Race, color, ancestry, ethnicity</p> Signup and view all the answers

    It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was?

    <p>within the class delineated in this section</p> Signup and view all the answers

    The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice. What is the reclassification?

    <p>M2 to M1 and M1 to Felony 3</p> Signup and view all the answers

    A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at?

    <p>Any time</p> Signup and view all the answers

    Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation?

    <p>Felony 1 = within 4 years after it is committed Felony 2 or Felony 3 = within 3 years after it is committed Misdemeanor 1 = within 2 years after it is committed Misdemeanor 2 = within 1 year after it is committed</p> Signup and view all the answers

    When does the time start to run for statutes of limitation purposes?

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

    Prosecution on a charge is commenced by?

    <p>filing of an indictment, information, or other charging document</p> Signup and view all the answers

    If an indictment or information has been filed within the prescribed time period and is dismissed or set aside due to a defect after the time period has elapsed, how long is the period for commencing prosecution extended?

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

    The period of limitation does not run during any time when?

    <p>Defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state</p> Signup and view all the answers

    If the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, how long can the limitation be extended?

    <p>shall not extend the period of limitation otherwise applicable by more than 3 years</p> Signup and view all the answers

    A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced?

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

    A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a 'destructive device,' as defined in s. 790.001, may be commenced within?

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

    A prosecution for a felony violation of securities transactions or Medicaid fraud, Insurance fraud, Workers' comp fraud, and must be commenced within how many years after the violation is committed?

    <p>Within 5 years after the violation is committed</p> Signup and view all the answers

    A prosecution for a felony violation of environmental control must be commenced within?

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

    Prosecution for a felony violation related to fraudulent practices, abuse, aggravated abuse, and neglect of an elderly person or disabled adult must be commenced within how many years after it is committed?

    <p>Within 5 years after it is committed</p> Signup and view all the answers

    Any offense based upon misconduct in office by a public officer or employee must be prosecuted within how many years from the time they leave public office or employment?

    <p>2 years from the time he or she leaves public office or employment</p> Signup and view all the answers

    If the victim of a violation of sex battery, unlawful act with a minor, lewdness/indecent exposure, incest, or computer pornography is under the age of 18, when does the applicable period of limitation begin?

    <p>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

    If the offense is a first or second degree felony violation of sexual battery and is reported within 72 hours after its commission, when may prosecution for such an offense be commenced?

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

    If the offense is a first degree felony violation of sexual battery and the victim was under 18 years of age at the time the offense was committed, when may the prosecution be commenced?

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

    If the offense was a Sexual Battery and the victim was 16 years old or younger, when may the prosecution of the offense be commenced?

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

    A prosecution for a first or second degree felony violation of Sexual Battery, 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 after commission of the offense, may be commenced?

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

    Except as provided in paragraph (a) or paragraph (13)(b), a prosecution for a first or second degree felony violation of sexual battery, if the victim is 16 years of age or older at the time of the offense, must be commenced within how many years after the violation is committed?

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

    In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within __ after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused of an offense of sexual battery or a lewd or lascivious offense.

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

    Who provides for specialized supervision of sexual predators who are in the community?

    <p>specially trained probation officers with low caseloads</p> Signup and view all the answers

    an offender shall be designated as a “sexual predator” when?

    <p>All the above</p> Signup and view all the answers

    An offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding under chapter 394 (Mental Health) shall?

    <p>be designated as a 'sexual predator'</p> Signup and view all the answers

    Once determined and a written order is made identifying someone as a sexual predator, how long does the sentencing court have to notify the department?

    <p>48 hours</p> Signup and view all the answers

    If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the sexual predator’s fingerprints are taken and forwarded to the department within?

    <p>48 hours</p> Signup and view all the answers

    A person who establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state, but who has been designated as a sexual predator, sexually violent predator, or by another sexual offender designation in another state or jurisdiction, is subjected to what as a result of such designation?

    <p>Subjected to registration or community or public notification, or both</p> Signup and view all the answers

    A sexual predator shall register with the department through the sheriff’s office by providing what information to the department?

    <p>Name; social security number; age; race; sex; date of birth; height; weight</p> Signup and view all the answers

    If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, what additional information must they provide?

    <p>Written notice of the vehicle identification number; the license tag number; the registration number; and a description</p> Signup and view all the answers

    If a sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, what must the sexual predator also provide?

    <p>Written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description.</p> Signup and view all the answers

    If the sexual predator is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, what must the sexual predator provide?

    <p>The name, address, and county of each institution, including each campus attended, and the sexual predator’s enrollment, volunteer, or employment status</p> Signup and view all the answers

    A sexual predator shall report in person to the sheriff’s office within ___ hours after any change in vehicles owned to report those vehicle information changes?

    <p>48 Hours</p> Signup and view all the answers

    A sexual predator who is under the supervision of the Department of Corrections but who is not incarcerated shall register with the Department of Corrections within how many business days?

    <p>3 business days</p> Signup and view all the answers

    If the sexual predator is in the custody of a local jail, the custodian of the local jail shall register the sexual predator within?

    <p>3 business days</p> Signup and view all the answers

    If the sexual predator is not in the custody, control, or under the supervision of the Department of Corrections, where shall the sexual predator register in person?

    <p>At the sheriff’s office in the county where he or she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state</p> Signup and view all the answers

    Within 48 hours after the registration required, what must a sexual predator who is not incarcerated and resides in the community do?

    <p>Register in person at a driver's license office of the Department of Highway Safety and Motor Vehicles</p> Signup and view all the answers

    A sexual predator shall report in person at the sheriff’s office in the county in which he or she is located within 48 hours after establishing a transient residence and thereafter must report in person every ___ days to the sheriff’s office in the county in which he or she is located while maintaining a transient residence.

    <p>30 days</p> Signup and view all the answers

    The sheriff's office shall, within __ business days, electronically submit and update all information provided by the sexual predator?

    <p>2</p> Signup and view all the answers

    The failure of a sexual predator who maintains a transient residence to report in person to the sheriff's office every 30 days as required is guilty of?

    <p>3rd degree felony</p> Signup and view all the answers

    A sexual predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within how many hours before the date he or she intends to leave this state?

    <p>48 hours</p> Signup and view all the answers

    A sexual predator who intends to travel if the intended residence of 5 days or more is outside of the United States shall report in person to the sheriff _____ days before intending to travel?

    <p>21 days</p> Signup and view all the answers

    A sexual predator who reports his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country, but who remains in this state without reporting to the sheriff commits a ?

    <p>2nd degree felony</p> Signup and view all the answers

    Within _____ after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed child care facility, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator?

    <p>48 hours</p> Signup and view all the answers

    Information provided to members of the community and the public regarding a sexual predator from the sheriff must include?

    <p>Name, description, address</p> Signup and view all the answers

    The _______ shall notify the public of all designated sexual predators through the Internet?

    <p>Department of Law Enforcement</p> Signup and view all the answers

    A sexual predator shall report in person _____ during the month of the sexual predator’s birthday and during every _____ month thereafter to the sheriff’s office in the county in which he or she resides?

    <p>each year and 3rd month</p> Signup and view all the answers

    The sheriff's office shall, within _____ electronically submit and update all information provided by the sexual predator to the department?

    <p>2 working days</p> Signup and view all the answers

    Except as otherwise specifically provided, a sexual predator who fails to register or fails to meet any other required reporting requirements commits a?

    <p>3rd degree felony</p> Signup and view all the answers

    For a felony violation of chapter 775 sexual predator act and the court does not impose a prison sentence, the court shall impose a mandatory minimum term of community control of ?

    <p>All the above</p> Signup and view all the answers

    Any person who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual predator in eluding law enforcement by ______ commits a felony of the third degree?

    <p>Withholds information, conceals, harbors, or provides false information</p> Signup and view all the answers

    Study Notes

    Criminal Offenses Definitions

    • Felony: A criminal offense punishable by death or imprisonment in a state penitentiary for a minimum term.
    • Misdemeanor: A criminal offense punishable by a term of imprisonment, typically less severe than a felony.
    • Noncriminal Violation: Offenses punishable only by a fine or other minor penalties, not imprisonment.

    Classification of Crimes

    • Felonies: Classified into categories such as capital felony, life felony, and others as specified by law.
    • Misdemeanors: Also classified into categories provided by law for sentencing and other purposes.
    • Unspecified Degree: Crimes declared a felony or misdemeanor without specification are treated as the lowest degree of their respective categories.

    Enhancements and Reclassifications

    • Committing a crime while wearing a mask to conceal identity may enhance penalties.
    • Use of a bulletproof vest during certain crimes can lead to reclassification of the offense's severity.
    • Evidence of prejudice during the commission of a felony or misdemeanor can also lead to increased penalties.

    Prosecution and Statutes of Limitation

    • Prosecution for serious felonies (e.g., capital felony) can commence at any time due to their gravity.
    • General statutes of limitation for other crimes begin when the crime occurs, with various specific timelines.
    • If an indictment is dismissed after the statute period, prosecution may still proceed if it was filed within the designated time.

    Special Cases for Victims

    • Timelines for prosecution vary significantly based on the nature of the crime and the victim's age.
    • In sexual battery cases, if reported within 72 hours, prosecution is more easily initiated, particularly if the victim is under age 18.

    Sexual Predators Designation

    • Offenders become designated as "sexual predators" under specific guidelines.
    • Sexual predators must register their information with their local sheriff's office and keep it updated.
    • Failure to comply with registration and reporting requirements can lead to serious legal consequences.

    Reporting Requirements for Sexual Predators

    • Must report in person within a specific timeframe to the sheriff’s office upon changes in residence, vehicle ownership, or employment status.
    • The public, including schools and child care facilities, must be notified of a sexual predator's presence through law enforcement.

    Community Notification and Compliance

    • The sheriff’s office is responsible for electronically submitting and updating sexual predator information.
    • Sexual predators must report every month for their birthday and every subsequent month.
    • A violation of registration requirements may lead to felony charges.
    • A person aiding a sexual predator in evading law enforcement may be charged with a third-degree felony.
    • Mandatory minimum terms of community control can be imposed for felonies related to sexual predator violations.

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