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March 29, 2012 Compiled by Michael M. Bloomer Editor, They Will Say ANYTHING!

Trayvon Martin Shooting: A Selection of Florida Laws Implicated

Category Assault Battery Murder Manslaughter & Aggravated manslaughter of a child Child abuse, aggravated abuse, & neglect of a child Self Defense & Stand your ground Improper firearm exhibition Civil Rights Violations Stalking False police reports Page 2 2-3 3-4 4-5 5 5-7 7 7-8 8-9 9

Below is a selection of laws that may apply in the Trayvon Martin shooting should George Zimmerman be indicted. If so, as the case progresses other provisions may apply as well, and I'll update this report whenever needed. Below, provisions of particular interest are highlighted. SOURCE: Florida Statutes (2011) at the Florida Legislature Internet site1 Laws in the collection used were up-to-date as of January 1, 2011. To update this I searched for relevant amendments signed into law in the 2012 session2, completed March 9, 2012. I found no relevant amendments to the provisions listed below. ************************** 1 [http://www.leg.state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=1&CFID=250666297&CFTOKEN=71698450], accessed 03-28-2012. 2[http://www.leg.state.fl.us/data/session/2012/citator/Daily/chapter.pdf], accessed 03-28-2012.

-2[Assault] 784.011Assault. (1)An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a wellfounded fear in such other person that such violence is imminent. (2)Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224. Note.Former s. 784.02. 784.021Aggravated assault. (1)An aggravated assault is an assault: (a)With a deadly weapon without intent to kill; or (b)With an intent to commit a felony. (2)Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.s. 2, ch. 3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. 29709, 1955; s. 1, ch. 57-345; s. 731, ch. 71-136; s. 18, ch. 74-383; s. 8, ch. 75-298. Note.Former s. 784.04. [Battery] 784.041Felony battery; domestic battery by strangulation. (1)A person commits felony battery if he or she: (a)Actually and intentionally touches or strikes another person against the will of the other; and (b)Causes great bodily harm, permanent disability, or permanent disfigurement. (2)(a)A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, 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. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state. (b)As used in this subsection, the term: 1.Family or household member has the same meaning as in s. 741.28. 2.Dating relationship means a continuing and significant relationship of a romantic or intimate nature. (3)A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

-3784.045Aggravated battery. (1)(a)A person commits aggravated battery who, in committing battery: 1.Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2.Uses a deadly weapon. (b)A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. (2)Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [Murder] 782.02Justifiable use of deadly force.The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be. History.ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102. 782.03Excusable homicide.Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. History.s. 6, ch. 1637, 1868; RS 2379; GS 3204; RGS 5034; CGL 7136; s. 1, ch. 75-13. 782.04Murder. (1)(a)The unlawful killing of a human being: 1.When perpetrated from a premeditated design to effect the death of the person killed or any human being; 2.[1st degree murder] When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: [Ed., Irrelevant sections omitted] (h)Aggravated child abuse, (n)Aggravated stalking, [Ed., see 782.07, below, pg. 3]

[Ed., see 784.048, below, pg. 4 for possible, although unlikely, application] (o)Murder of another human being, (b)In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. (2)[2nd degree murder] The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is

-4murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. [Ed., Irrelevant sections omitted] (h)Aggravated child abuse, (n)Aggravated stalking, [Ed., see 782.07, below, pg. 3]

[Ed., see 784.048, below, pg. 4 for possible, although unlikely, application] (o)Murder of another human being, by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. (4)[3rd degree murder] The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any: [Ed., Irrelevant sections omitted] (h)Aggravated child abuse, (n)Aggravated stalking, [Ed., see 782.07, below, pg. 3]

[Ed., see 784.048, below, pg. 4 for possible, although unlikely, application] (o)Murder of another human being, is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001357; s. 1, ch. 2002-212; s. 12, ch. 2005-128; s. 1, ch. 2010-121. [Manslaughter and Aggravated manslaughter of a child] 782.07Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic. (1)The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s.

-5775.083, or s. 775.084. (2)A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-13 [Child Abuse] 827.03Abuse, aggravated abuse, and neglect of a child; penalties. (1)Child abuse means: (a)Intentional infliction of physical or mental injury upon a child; (b)An intentional act that could reasonably be expected to result in physical or mental injury to a child; or (c)Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. (2)Aggravated child abuse occurs when a person: (a)Commits aggravated battery on a child; (b)Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or (c)Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [Ed., Child neglect provisions of 782.07 omitted] History.s. 1, ch. 4721, 1899; s. 1, ch. 4971, 1901; GS 3236, 3238; RGS 5069, 5071; s. 1, ch. 9331, 1923; CGL 7171, 7173; s. 1, ch. 65-113; s. 1, ch. 70-8; s. 940, ch. 71-136; s. 49, ch. 74383; s. 30, ch. 75-298; s. 1, ch. 84-238; s. 8, ch. 96-322; s. 16, ch. 99-168; s. 1, ch. 2003-130. Note.Former s. 828.04. [Stand Your Ground] [Self Defense] (emphasis added) 776.012Use of force in defense of person.A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the others imminent use of unlawful force. However, a person is justified in the use of deadly force and

-6does not have a duty to retreat if: (1)He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or (2)Under those circumstances permitted pursuant to s. 776.013. History.s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27. 776.013Home protection; use of deadly force; presumption of fear of death or great bodily harm. (1)A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a)The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that persons will from the dwelling, residence, or occupied vehicle; and (b)The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (2)The presumption set forth in subsection (1) does not apply if: (a)The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or (b)The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or (c)The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or (d)The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer. (3)A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. (4)A person who unlawfully and by force enters or attempts to enter a persons dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. (5)As used in this section, the term: (a)Dwelling means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. (b)Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. (c)Vehicle means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

-7History.s. 1, ch. 2005-27. 776.041Use of force by aggressor.The justification described in the preceding sections of this chapter is not available to a person who: (1)Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or (2)Initially provokes the use of force against himself or herself, unless: (a)Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or (b)In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. History.s. 13, ch. 74-383; s. 1190, ch. 97-102. [Improper firearm exhibition] 790.10Improper exhibition of dangerous weapons or firearms.If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History.s. 1, ch. 4532, 1897; GS 3272; RGS 5105; CGL 7207; s. 5, ch. 69-306; s. 743, ch. 71136; s. 2, ch. 76-165; s. 174, ch. 91-224. [Ed., This may be implicated if it is found that Mr. Zimmerman displayed his firearm prior to the altercation allegedly initiated by Trayvon Martin, particularly so if it is discovered or maintained that Mr. Zimmerman was the initiator, or that no altercation took place at all.]

[Civil Rights Violations] 775.085Evidencing prejudice while committing offense; reclassification. (1)(a)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 based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, mental or physical disability, or advanced age of the victim: 1.A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2.A misdemeanor of the first degree is reclassified to a felony of the third degree. 3.A felony of the third degree is reclassified to a felony of the second degree. 4.A felony of the second degree is reclassified to a felony of the first degree. 5.A felony of the first degree is reclassified to a life felony. (b)As used in paragraph (a), the term: 1.Mental or physical disability means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or more physical or mental limitations that restrict the victims ability to perform the normal activities of daily living. 2.Advanced age means that the victim is older than 65 years of age. 3.Homeless status means that the victim:

-8a.Lacks a fixed, regular, and adequate nighttime residence; or b.Has a primary nighttime residence that is: (I)A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or (II)A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (2)A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorneys fees and costs. (3)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 within the class delineated in this section. History.s. 1, ch. 89-133; s. 1, ch. 91-83; s. 1, ch. 98-83; s. 1, ch. 99-172; s. 1, ch. 2010-46. 760.51Violations of constitutional rights, civil action by the Attorney General; civil penalty. (1)Whenever any person, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state, the Attorney General may bring a civil or administrative action for damages, and for injunctive or other appropriate relief for violations of the rights secured. Any damages recovered under this section shall accrue to the injured person. The civil action shall be brought in the name of the state and may be brought on behalf of the injured person. The Attorney General is entitled to an award of reasonable attorneys fees and costs if the Department of Legal Affairs prevails in an action brought under this section. (2)Any person who interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state is liable for a civil penalty of not more than $10,000 for each violation. This penalty may be recovered in any action brought under this section by the Attorney General. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated. History.s. 4, ch. 91-74. [Stalking] 784.048Stalking; definitions; penalties. (1)As used in this section, the term: (a)Harass means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. (b)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct. Such constitutionally protected activity includes picketing or other organized protests. (c)Credible threat means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person. (d)Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic

-9communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. (2)Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3)Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the persons child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that persons property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5)Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6)Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section. (7)Any person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5). History.s. 1, ch. 92-208; s. 29, ch. 94-134; s. 29, ch. 94-135; s. 2, ch. 97-27; s. 23, ch. 200255; s. 1, ch. 2003-23; s. 3, ch. 2004-17; s. 3, ch. 2004-256; s. 17, ch. 2008-172. [False police reports] 837.05False reports to law enforcement authorities. (1)Except as provided in subsection (2), whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2)Whoever knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.s. 57, ch. 74-383; s. 34, ch. 75-298; s. 206, ch. 91-224; s. 5, ch. 97-90. 817.49False reports of commission of crimes; penalty. Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, in that no such crime had actually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History.s. 1, ch. 59-294; s. 875, ch. 71-136.