Marsy's Law requires officers to provide all victims and their families the following information:
1. Due process and to be treated with fairness and respect for the victim's dignity
2. To be free from intimidation, harassment, and abuse
3. Accurate and timely notice of all of the case's public proceeding, including pleas, trials, and sentencings
4. Wi
Victims of a crime must receive a
Victim's Rights Brochure
The Victims' Right Brochure provides the following information:
1. The availability of crime victim compensation
2. Crisis intervention services, bereavement counseling, social service support referrals, community-based victim treatment program
3. The role of the victim in the criminal or juvenile justice process
4. T
Victims of domestic violence must receive a
Notice of Legal Rights and Remedies Brochure
The Notice of Legal Rights and Remedies Brochure provide the following information:
1. A definition of domestic violence, sexual violence, repeat violence, and stalking
2. What the law means and how the law can help the victim
3. What to do if the abuser violates an injunction
4. The exemption of certain victim information from public in
Victims of sexual battery must receive a
Sexual Battery - Your Rights and Services Brochure
Sexual Battery - Your Rights and Services Brochure provides the following information:
1. A definition of sexual battery
2. The rights of victims, and the compensation, resources, and services available to them
3. Medical care and evidence collection
Assault (s.784.011 F.S.)
1. Intentionally and unlawfully THREATENED, by either word or act, to do violence to a victim
2. Appeared to have the ABILITY to carry out the threat AT THE TIME
3. Did some act that created in the mind of the victim a WELL-FOUNDED FEAR that violence was
Aggravated Assault (s.784.21 F.S.)
1. Intentionally and unlawfully THREATENED, by either word or act, to do violence to a victim
2. Appeared to have the ABILITY to carry out the threat AT THE TIME
3. Did some act that created in the mind of the victim a WELL-FOUNDED FEAR that violence was
Battery (s.784.03 F.S.)
1. Actually and intentionally touched or struck the victim AGAINST THEIR WILL
2. Intentionally caused BODILY HARM to the victim
Aggravated Battery (s. 784.045, F.S.)
1. INTENTIONALLY OR KNOWINGLY CAUSED great bodily harm, permanent disability, or permanent disfigurement to the victim
2. Used a deadly weapon
Felony Battery (s. 784.041, F.S.)
1. Actually and intentionally touched or struck a victim against their will
2. CAUSED great bodily harm, permanent, disability, or permanent disfigurement to the victim.
Reclassifications
Specific elements of crimes that make the crime a higher class of offense and carries a stronger sentence than the original crime.
Reclassifications include:
1. A person 65 years of age or older
2. An employee of a school district, public, or private
3. A sports official
4. An emergency medical care provider (ambulance driver, emergency medical technician, paramedic, registered nurse, or physician)
5. A firefi
To reclassify an assault or battery of a correctional facility employee:
1. The suspect was in custody in a correctional facility
2. The suspect intentionally touched, struck, or attempted to touch or strike the victim against their will by throwing, tossing, or expelling blood, saliva, chewed food, seminal fluid, urine, or fe
Warrantless Arrest (s.901.15 F.S.)
1. In an officer's presence
2. During a domestic violence situation
3. Upon a law enforcement officer, a firefighter, an emergency medical care provider, a public transit employee, or another officer
Domestic violence (s.741.28 F.S.)
Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by
Use the following information to identify and arrest the aggressor:
1. Compare physical evidence to statements
2. Compare injuries to statemtnets
- Does the injury fit the story of the person who claims self-defense?
- Typical defensice wounds include bruising or cuts on outer forarms, back, back of legs, palms, or inside
Economic Abuse
1. Unauthorized use of finances
2. Falsification of records
3. Coercion into crime
Identifying and arresting the aggressor in economic abuse
1. Assess if the suspect destroyed any property needed for immediate safety (a broken door or window locks)
2. Assess for evidence of stolen or damaged property, electronic surveillance, and financial threats or intimidation
3. Look for red flags of econo
Abuse Hotline
1-800-96-ABUSE
Course of Action when probable cause does not exist
Bring the parties involved within hearing distance of each other and explain available options such as:
1. Obtaining counseling
2. Acting on information provided in the NOTICE OF LEFAL RIGHTS AND REMEDIES brochure
3. Seeking assistance from local social s
Dating Violence
Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature
Factors of Dating Violence
1. There was a dating relationship within the past six months
2. The character of the relationship includes the expectation of affection or sexual involvement
3. The frequency and type of interaction must have occurred over time and on a continuous basis.
Repeat Violence
means two incidences of violence or stalking, committed by the suspect, one of which must have been within six months of the filing of the petition, and directed against the victim or the victim's immediate family member.
Sexual Violence
Any one incident of sexual battery, or lewd or lascivious act committed on or in the presence of someone younger than 16. This includes luring or enticing a child, sexual performance by a child, or any other forcible felony where a sexual act is committed
Stalking (s.784.048 F.S.)
The suspect willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim.
Aggravated Stalking (s.784.048 F.S)
1. willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim
2. Made a credible threat to the victim
Credible threat - a verbal or nonverbal threat, or a combination of the two, that places someone in reasonable fear for their
Child Abuse (Ch.827 F.S)
The suspect knowingly or willingly abused a child under the age of 18 by:
1. Intentionally inflicting physical or mental injury
2. Committing an intentional act that could reasonably be expected to result in physical or mental injury
3. Actively encouragi
Physical injury from child abuse can include:
1. Sprain, dislocation, or cartilage damage
2. Bone or skull fracture, brain or spinal cord damage, or intracranial hemorrhage
3. Injury to any internal organ
4. Asphyxiation, suffocation, or drowning
5. burns or scalding, cuts, lacerations, punctures, or
Physical Injury
an impairment of the body, temporary or permanent disfigurement, or death..
Mental Injury from child abuse
An injury to the intellectual or psychological health of a child
Aggravated Child Abuse (s. Ch. 827 F.S.)
1. Committed aggravated battery upon a child
2. Willfully tortured a child
3. Maliciously punished a child
4. Willfully and unlawfully caged a child
5. Knowingly or willfully committed child abuse upon a child, causing great bodily harm, permanent disabil
Child Neglect (s. Ch. 827 F.S.)
When a caregiver fails to provide food, nutrition, clothing, shelter, medicine, and medical services essential for the well-being of a child, regardless of the age.
Elements of Child Neglect
1. Willfully failed or omitted to provide a child with the care, supervision, and services necessary to maintain their physical or mental health
2. Failed to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another perso
Caregiver
A parent, adult household member, or other person responsible for a child's welfare or might have legal custody of a child.
Legal Custody
1. A legal status created by a court: The court appoints an entity, whether an agency or an individual to be a custodian or guardian
2. The right to have physical custody of a child and the right and duty to protect, nurture, guide, and discipline a child
Newborn Infant (s.383.50 F.S.)
A child whom a licensed physician reasonably believes to be approximately seven days old or younger
Abandonment (s. 39.01 F.S)
A situation involving a parent, legal custodian, or caregiver who, while being able, makes no significant contribution to a child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with a child, or both
Contributing to the Delinquency or Dependency of a Minor
1. Committed an act that caused, tended to cause, encouraged, or contributed to a child becoming a delinquent or dependent child or a child in need of services
2. By act, threat, command, or persuasion, induced or endeavored to induce a child to commit or
Online Solicitation of a Child
1. Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another believed to be a child to engage in any illegal act described in Ch. 794, 800, or 827 F.S., or to otherwise engage in any unlawful sexual conduct with
Sexual Conduct
1. Actual or simulated sexual intercourse
2. Deviate sexual intercourse
3. Sexual bestiality
4. Masturbation
5. Sadomasochistic abuse
6. Actual lewd exhibition of the genitals
7. Actual physical contact with a person's clothed or unclothed genitals, pubic
Child Pornography (s. 847.002 F.S)
A form of child exploitation that is illegal to produce, possess, or distribute.
Using a Child in a Sexual Performance (s. 827.071 F.S.)
1. Employed, authorized, or induced a child to engage in a sexual performance
2. Knew the character and content of the performance
Initial Response of a Social Investigation
1. The officer may encounter defensive parents or caregivers; maintain professional, impartial, and proactive responses.
2. Determine if there are any injuries ( suspicious bruises, welts, burns, fracture, lacerations, and abrasions.
3. Physically separat
Outcry Witness
The first person the child told about the abuse
Abuse Reporting Requirements
1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of patients
2. Health or mental health professional
3. Practitioner who relies solely on
Vulnerable Adult
A person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for their own care or protections is impaired.
Abuse of an Elderly Person or Adult (s. 825.102 F.S.)
1. Inflicted physical or psychological injury upon the victim
2. Committed an intentional act that could reasonably be expected to result in physical injury to the victim
3. Actively encouraged another person to commit an act that resulted in or could rea
Aggravated Abuse of an Elderly Person or Adult (s. 825.102 F.S.)
1. Committed aggravated battery upon the victim
2. Willfully tortured, maliciously punished, or willfully and unlawfully caged the victim
3. Knowingly or willfully abused the victim and caused great bodily harm, permanent disability, or permanent disfigur
Neglect of an Elderly Person or Adult (s. 825.102 F.S.)
1. Willfully failed or omitted to provide the care, supervision, and services necessary to maintain the victim's physical or mental health
2. Failed to make a reasonable effort to protect the victim from abuse, neglect, or exploitation by another person
Exploitation of an Elderly Person or Adult (s. 825.103 F.S.)
1. The suspect knowingly obtained or used, attempted to obtain or use, or conspired with another to obtain or use an elderly person or disabled adult's funds, assets, or property.
2. The intent was to deprive them of the use, benefit, or possession of the
Adult Protective Investigator (API)
The law authorizes an API to conduct an emergency removal, with specified medical personnel or law enforcement, for a victim who lacks the capacity to consent and when there is a risk of death or serious physical injury.
Victims may have some, all, or none of the following normal or trauma reactions:
1. Embarrassment that they allowed the victimization
2. Fear that abuse may escalate after you leave
3. Irrational anger, sadness, or happiness
4. Confusion, denial, or self-criticism
Common reasons why abuse, neglect, or exploitation might occur:
1. The caregiver may have become increasingly frustrated as the elderly or disabled person becomes more financially, emotionally, or physically dependent. These increased frustrations can lead to abuse.
2. Sometimes a caregiver has had a lifelong relation
Interference with Custody (s. 787.03 F.S.)
1. Knowingly or recklessly took or enticed, or aided, abetted, hired, or otherwise procured someone else to take or entice, a minor or in competent person from the custody of the other person of their right to custody
Luring or Enticing a Child (s. 787.025 F.S.)
1. Is 18 years of age or older
2. Intentionally lured or enticed, or attempted to lure or entice a child under the age of 12 into a structure, dwelling, or conveyance for an unlawful purpose.
False Imprisonment (s. 787.02 F.S.)
1. Forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained the victim against their will without lawful authority.
Kidnapping (s. 787.01 F.S.)
1. Forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained the victim against their will without lawful authority.
2. Acted with intent to do at least one of the following:
- Hold the victim for ransom or reward, or as a shield or h
Voyeurism (s. 810.14 F.S.)
1. Another person when that person was in a dwelling, structure, or conveyance and the location provided a reasonable expectation of privacy
2. Another person's intimate areas in which that person had a reasonable expectation of privacy and that person wa
Video Voyeurism (s.810.145 F.S.)
1. For their own amusement, entertainment, sexual arousal, gratification, or profit or for the purpose of degrading or abusing another person, used or installed an imaging device to secretly view, broadcast, or record a person, without that person's knowl
Sexual Cyber-harassment (s. 784.049, F.S.)
1. Published a sexually explicit image of someone that contains or conveys their personal identification information to an internet website without their consent
2. Did this for no legitimate purpose and with the intent of causing substantial emotional di
Lewd or Lascivious Offenses
1. Lewd or lascivious battery
2. Lewd or lascivious molestation
3. Lewd or lascivious conduct
4. Lewd or lascivious exhibition
5. Lewd or lascivious exhibition over a computer service - the suspect knows, should know, or has reason to believe that someone
In a sexual battery, consider the existence of at least two:
1. The body of the victim
2. The location(s) of sexual battery
Juvenile sexual abuse is any sexual behavior a minor engages in, that occurs _________
Without the consent of the other person, without the other person's being in a position of equality with the minor, or because of coercion.
The scope of the human trafficking problem:
In 2016, according to the National Human Trafficking Resource Center:
1. 7,572 people were victims of human trafficking
2. 5,551 were sex trafficking victims
3. 6,340 were women
4. 2,383 were minors
5. 2,075 were U.S. citizens
Human trafficking is a lucra
Human Smuggling (s.787.07 F.S.)
Transporting into Florida an individual who the person knows, or should know, is illegally entering the United States from another country.
Domestic Minor Sex Trafficking (DMST)
Occurs when a trafficker exploits children younger than 18 to perform commercial sexual acts in exchange for or with the promise of money, goods, or services.
The single most underreported, under-identified, and severe form of trafficking.
2 Types of Trafficking Vcitims
1. Sex
2. Labor
Sex Trafficking Industries or places:
1. Prostitution
2. Massage Parlors
3. Exotic Dancing
4. Pornography
5. Nail Salons
6. Social Networking Websites
7. Interstate rest areas and truck stops
Labor Trafficking Industries or places:
1. Agricultural Work
2. Landscape Work
3. Factory Work
4. Begging/Street peddling
5. Construction work
6. Carnival Work
7. Day Labor
The following industries are types that are difficult for officers to detect:
1. Household work and child care (Domestic s
Recognizing Human Trafficking
1. Repeated calls for domestic violence, sexual battery, concerned citizens, child abuse.
2. Overcrowded living spaces
3. Lack of personal items
4. No identification in their possession
5. Poor health
6. Personal and physical indicators of injuries or mal
Avoid using the term " immigration status" when talking with a victim of human trafficking.
True or False
True. Obtain any identification and immigration document later in the interview, in a low-key manner, without making the victim feel as though you are investigating them as a suspect. The victim would already be reluctant to speak to law enforcement.
Thirteenth Amendment
States that neither slavery nor involuntary servitude shall exist on U.S. soil
Human Trafficking (s.787.06 F.S.) questions to help determine if someone is a victim.
1. Did the suspect recruit, transport, or hold the victim in the service of another for labor or commercial sex acts?
2. Did the suspect obtain or maintain the victim's service through force, threats, psychological manipulation, or confiscation of legal d
Traffickers use force to control their victims, such as:
1. Beatings
2. Sexual battery
3. Shootings
4. Physical confinement
Traffickers use fraud or coercion to control their victims, such as:
1. Using or threatening to use physical force against any person
2. Restraining, isolating, or confining
3. Using lending or other credit methods as debt bondage
4. Destroying, concealing, removing, confiscating, withholding, or possessing immigrant or id
Homeland Security Investigations (HSI)
Part of the Department of Homeland Security that aids in the detection of travel and identity document fraud, and investigates smuggling, trafficking, fraud, money laundering, and narcotics trafficking cases.
Robbery (s. 812.13, F.S.)
1. Took money or property from the victim
2. Intended to permanently or temporarily deprive the victim of their property and took it for their own or someone else's use
3. Used force, violence, assault, or placed the victim in fear during the incident
Robbery by Sudden Snatching (s. 812.131 F.S.)
1. Took money or property from the victim
2. Intended to permanently or temporarily deprive the victim of their property and took it for their own or someone else's use
3. In the course of the taking, the victim was or became aware of the taking.
Home Invasion Robbery (s.812.135 F.S)
1. Entered the dwelling of the victim and intended to commit robbery
2. While inside the dwelling, committed robbery
3. Used force violence, assault, or placed the victim in fear during the robbery
Carjacking (s. 812.133, F.S.)
1. Took the motor vehicle from the victim
2. Intended to permanently or temporarily deprive the victim of their motor vehicle and took it form their own or someone else's use
3. Used force, violence, assault, or placed the victim in fear during the incide
Categories of Death
1. Natural
2. Accidental
3. Suicide
4. Homicide
5. Undetermined
Indicators that a person is deceased:
1. Obvious signs can include decapitation and decomposition
2. The body temperature may be cold to the touch
3. The skin may be pale, waxy, and translucent
4. The fingernails may be pale
5. The eyes may have become milky or cloudy. The eyelids may remain
Rigor Mortis
Stiffness of the body that sets in several hours after death
Lividity
The color change due to the settling of blood due to gravity, often black and blue
Algor Mortis
The postmortem cooling of the body
When any person dies in Florida by criminal violence, accident, suicide, suddenly (when the person has a history of good health), or through any suspicious or unusual circumstances, Law Enforcement must notify ___________________.
The Medical Examiner
Sudden Unexpected Infant Death (SUID)
A broad term that encompasses:
1. Sudden Infant Death Syndrome
2. Accidental death from suffocation and strangulation inside the crib
3. Sudden natural death from infections, cardiac, metabolic, or neurological disorders
4. Homicide
A missing and endangered person is any one of the following:
1. Missing child, younger than 18 years old
2. Missing adult, younger than 26 years old
3. Missing adult, older than 26 years and believed to be in danger or the victim of criminal activity
4. Missing adult, older than 18 years who meets the criteria for
Missing Child
A person younger than 18 whose temporary or permanent residence is in Florida, whose location is not known,n and who is reported missing to a law enforcement agency.
Missing Adult
A person 18 years of age or older whose temporary or permanent residence is in Florida, whose location is not known, and who is reported missing to a law enforcement agency.
Missing Endangered
Persons Information Clearinghouse (MEPIC)
1. Respond promptly to the scene of the report of a missing person
2. Consider activating a patrol vehicle-mounted video camera when approaching the scene to record vehicles, people, and anything else of note for later investigative review
3. Interview th
Child Abduction Response Team (CART)
A multi-agency child abduction team that permits law enforcement to provide an organized, rapid, and planned response to an abducted, missing, or endangered child case.
5 conditions to activate a Florida AMBER
1. The child must be less than 18 years of age
2. There must be a clear indication of an abduction
3. The local law enforcement agency of jurisdiction must recommend the activation
4. There must be a detailed description of the child, the abductor, or the
National Center for Missing and Exploited Children (NCMEC)
A missing children hotline that serves as the national clearinghouse for information related to issues related to missing and sexually exploited children. Works with law enforcement, families, and professionals on these issues.
Silver Alert
A plan to aide local law enforcement in the rescue or recovery of a missing adult who suffers from irreversible deterioration of intellectual faculties
Criteria for initiating the Florida Silver Alert:
1. The missing person must be 60 years or older, there must be a clear indication the individual has an irreversible deterioration of intellectual faculties (like dementia), and law enforcement must verify this information
2. Under extraordinary circumsta
Criteria for Silver Alert through FDLE/FDOT/FHP dynamic message sign activation:
1. The missing person must be 60 years or older, there must be a clear indication the individual has an irreversible deterioration of intellectual faculties (like dementia), and law enforcement must verify this information
2. Under extraordinary circumsta
Florida Department of Elder Affairs
A resource available to local law enforcement to aid in the rescue or recovery of cognitively impaired missing persons.
You may have to assist with the investigation of a missing or endangered person by:
1. Questioning the complainant, family members, friends, business associates, teachers, school resource officers, visitors, and workers who regularly or periodically come to the home, school, or place of employment
2. Contacting dispatch with information
Florida Blue Alert
Uses technologies employed by the AMBER Alert Plan to notify the public of critical information when a law enforcement officer has suffered serious bodily injury, is killed, or is missing while in the line of duty and the suspect poses a serious threat to
Hate Crime
Any crime that is driven by prejudice or discrimination.
Hate Crime Course of Action
1. Ask the victim if they know the reason for the attack or abuse.
2. Remain professional at all times
3. Assure hate crime victims of your professional interest in serving justice
4. Document that the suspect committed a crime and intentionally selected
Loitering or Prowling (s. 856.021 F.S.)
1. Standing or waiting around idly or without apparent purpose is not a criminal act.
These circumstances with a suspect of loitering or prowling may need immediate concern or be cause for alarm:
1. Takes flight when a law enforcement officer appears
2. Refuses to identify himself/herself.
3. Attempts to conceal himself/herself or any object
4. Cannot dispel alarm (explain why they are there and what they are doing)
Breach of the Peace; Disorderly Conduct (s.877.03 F.S.)
1. Corrupts public morals
2. Outrage public sense of decency
3. Affects the peace and quiet of people who may witness it
4. In a brawl or fight
Disorderly Intoxication (s. 856.011 F.S.)
1. Was intoxicated
2. Endangered the safety of another person or property
3. Was intoxicated or drank alcohol in a public place or on public transportation
4. Caused a public disturbance
Open House Party (s. 856.015 F.S.)
1. Was 18 years of age or older
2. Controlled the residence
3. Allowed an open house party at the residence
4. Allowed a minor to possess or consume alcohol or drugs at the residence during the party
5. Knew that the minor possessed or consumed alcohol or
Possession of a Controlled Substance (s.893.13 F.S.)
1. Knew the presence of the substance
2. Exercised control or ownership over the substance
3. Knew the substance was an illicit controlled substance
Possession
To have personal charge of or exercise the right of ownership, management, or control over the thing possessed.
Actual Possession
The controlled substance is in the hand of or on the suspect, or in a container in the hand of or on the suspect, or so close as to be within ready reach and is under the control of the suspect
Constructive Possession
The controlled substance is in a place over which the suspect has control, or in which the suspect has concealed it.
Joint Possession
Two or more suspects may jointly possess an article, exercising control over it. In that case, each of those suspects is in possession of that article
Vice crimes are sometimes called
Victimless crimes
Vice Crimes include offenses such as
1. Alcohol
2. Tobacco
3. Gambling
4. Prostitution
Vice crime investigations involve a lot of
1. Undercover work
2. Developing information through intelligence
3. Information gathering
4. Strategic and tactical
5. Informants and surveillance
Gambling ( Ch. 849.08 F.S)
1. Played or engaged in a game of chance at any place, by any device, for money or other things of value. (Cards, keno, roulette, dog fights, etc.)
Prostitution (Ch. 849.08 F.S)
1. Owned, established, maintained, or operate any place, structure, building, or conveyance for prostitution or related acts.
2. Offered or agreed to secure someone for the purpose of prostitution or related act
3. Offered or received someone into a place
4 Basic characteristics of Organized Crime
1. It has a specific structure, usually hierarchical or paramilitary
2. It has both criminal businesses and legitimate, for-profit businesses
3. It is a provider of a product or service in a particular market, and rarely shares areas of crime or territory
Trespassing (Ch. 810.08 F.S.)
1. The suspect willfully entered or remained in a structure or conveyance, without being authorized, licensed, or invited
2. Having been authorized, licensed, invited, the suspect was warned by a person authorized by the owner or lessee of the premises to
Person Authorized
An owner or lessee, or his or her agent, or any law enforcement officer whose agency has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in case of a threat to public safety or w
Trespassing based on additional situations
1. Disregards the posting of notice or communication, the fencing, or the cultivation, or enters or remains with the intent to commit another offense
2. Does not have legitimate business on a school campus
3. Does not have the authorization, license, or i
Burglary (s. 810.02 F.S.)
1. Entered a structure or conveyance owned by or in the possession of the complainant
2. At the time of entering the structure or conveyance had the intent to commit an offense other than burglary or trespass in that structure or conveyance
3. Was not lic
Burglary Enhancers
1. The suspect commits assault or battery during a burglary
2. The suspect is armed
3. The suspect uses a vehicle to cause damage to the property
4. The suspect causes more than $1,000 of damage to the property
5. The suspect travels across county lines w
Burglary Tools
May include screwdrivers, pliers, wrenches, and cry bars, but can also be anything used to gain entry during a burger, such as a rock or concrete block.
Probable Cause for Burglary Tools
1. Intended to commit burglary or trespass
2. Had in their possession a tool, machine, or implement they intended to use in the commission of the trespass or burglary
Criminal Mischief (s. 806.13 F.S.)
1. The suspect injured or damaged real or personal property
2. The property belonged to the complainant
3. The injury or damage was willful and malicious
Enhancers for Criminal Mischief
1. Criminal mischief is a second-degree misdemeanor if the property damage is less than $200 and a first-degree misdemeanor if the damage is greater than $200 but less than $1,000.
2. If the value of property damaged totals $1,000 or more, the crime is a
Theft (s.812.014 F.S.)
1. Knowingly and unlawfully obtained or used, or tried to obtain or to use the property of the victim
2. Did it intentionally to deprive the victim of their right to it or any benefit from it
3. Took the property for their own use or anyone not entitled t
Theft: Services include
1. Repairs or improvements to property
2. Professional services
3. Private, public, or government communication, transportation, power, water, or sanitation services
4. Lodging accommodations
5. Admissions to places of exhibition or entertainment
Theft reclassifies to a higher degree if the victim is a person _______ or older.
65 years of age
Retail theft involves someone individually, or conspiring with one or more persons to:
1. Take merchandise, money, or negotiable instruments
2. Alter or remove a label or price tag
3. Transfer merchandise from one container to another
4. Remove a shopping cart, with the intention of depriving the merchant of the items or their full retail v
Petit Theft
If the property stolen is valued at $100 or more, but less than $750.
A misdemeanor unless this crime is committed 2 or more times; then it is a 3rd-degree felony.
Grand Theft
involves the theft of anything with a value of $750 or more and other items specified by statute regardless of their value, or the theft of an item with of a value of $100 or more from a dwelling or from the enclosed area of land surrounding a dwelling.
Grand Theft is a 3rd-Degree Felony if the property stolen is:
1. Valued at $100 or more but less than $750, from the enclosed area of land surrounding a dwelling
2. Valued at $750 or more, but less than $5,000
3. Valued at $5,000 or more, but less than $10,000. However, if the property with such a value is stolen wi
Fraud
Is theft by deception
Types of fraud include:
1. Forgery and Uttering
2. Passing worthless checks
3. Embezzlement
4. Computer Crimes
5. Identity Theft
Forgery is
Altering, forging, or counterfeiting a public record, certificate, legal document, bill of exchange or promissory note, etc., with the intent to injure or defraud someone.
Uttering
Knowingly exhibiting or publishing a document to someone or attempting to cash a check by signifying that the check and the endorsement is real
Passing a worthless check
Not a crime if the suspect did not know there were not sufficient funds in account, is a misdemeanor if they did, a 3rd degree felony if the amount $150 or more.
Embezzlement
Wrongfully taking money or other property entrusted to them for safekeeping and uses it for their own personal gain.
Increasgin types of internet fraud:
1. Internet auction fraud
2. Nondelivery of merchandise or services
3. Nigerian scams
4. Lottery scams
5. Bankcard fraud
6. Identity Theft
7. Email scams
8. Business fraud (Get rich quick schemes)
9. Investment fraud
Identity Theft
The unlawful use of a person's identifying infromation to obtain credit or loans, acquire services, establish or take over accounts, and commit crimes in the victim's name.
Identifying infromation
1. SSN
2. Official state-issued or U.S. issued driver's license or identification number
3. Alien registration number
4. Government passport number
5. Employer or taxpayer-identification number
6. Medicaid or food assistance account number
7. Bank account