Moderators: Management Team, Helper Team, Administration Team

User avatar
By Theory
Project Manager
#121
CHAPTER 775
SHORT TITLE; PURPOSE; CLASSIFICATIONS

775.01Common law of England.
775.011Short title.
775.012General purposes.
775.02Classifications of felonies and misdemeanors.
[+] Spoiler
775.01 Common law of England.—
  • The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject.
775.011 Short title.—
  • This act shall be known and may be cited as the “Florida Criminal Code.”
775.012 General purposes.—
  • The general purposes of the provisions of the code are:
    (1) To proscribe conduct that improperly causes or threatens substantial harm to individual or public interest.
    (2) To give fair warning to the people of the state in understandable language of the nature of the conduct proscribed and of the sentences authorized upon conviction.
    (3) To define clearly the material elements constituting an offense and the accompanying state of mind or criminal intent required for that offense.
    (4) To differentiate on reasonable grounds between serious and minor offenses and to establish appropriate disposition for each.
    (5) To safeguard conduct that is without fault or legitimate state interest from being condemned as criminal.
    (6) To ensure the public safety by deterring the commission of offenses and providing for the opportunity for rehabilitation of those convicted and for their confinement when required in the interests of public protection.
775.02 Classifications of felonies and misdemeanors.—
  • (1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
    • (a) Capital felony;
      (b) Felony of the first degree;
      (c) Felony of the second degree; and
      (d) Felony of the third degree.
    Any crime declared by statute to be a felony without specification of degree is of the third degree.

    (2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
    • (a) Misdemeanor of the first degree; and
      (b) Misdemeanor of the second degree.
    Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.

    (3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.
User avatar
By Theory
Project Manager
#122
CHAPTER 776
JUSTIFIABLE USE OF FORCE

776.01Use or threatened use of force in defense of person.
776.011Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.
776.02Law enforcement officers; use of force in making an arrest.
776.03Deadly force by a law enforcement or correctional officer.
776.04Forcible felony.
[+] Spoiler
776.01 Use or threatened use of force in defense of person.—
  • (1) A person is justified in using or threatening to use 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 other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

    (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use 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. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
776.011 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—
  • (1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
    • (a) Nondeadly 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 other’s imminent use of unlawful force; or
      (b) Deadly force if he or she reasonably believes that using or threatening to use 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.

    (2) 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 or threatening to use 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 or threatened 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 person’s will from the dwelling, residence, or occupied vehicle; and
      (b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

    (3) The presumption set forth in subsection (2) does not apply if:
    • (a) The person against whom the defensive force is used or threatened 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 threatened; or
      (c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
      (d) The person against whom the defensive force is used or threatened is a law enforcement officer, 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 or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

    (4) A person who unlawfully and by force enters or attempts to enter a person’s 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.
776.02 Law enforcement officers; use of force in making an arrest.—
  • A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
    (1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;

    (2) When necessarily committed in retaking felons who have escaped; or

    (3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:
    • (a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
      (b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.
776.03 Deadly force by a law enforcement or correctional officer.—
  • (1) As applied to a law enforcement officer or correctional officer acting in the performance of his or her official duties, the term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to:
    • (a) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and
      (b) The firing of a firearm at a vehicle in which the person to be arrested is riding.

    (2)
    • (a) The term “deadly force” does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term “less-lethal munition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body.
      (b) A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties.
776.04 Forcible felony.—
  • “Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
User avatar
By Theory
Project Manager
#123
CHAPTER 777
PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY

777.01Principal in first degree.
777.02Accessory after the fact.
777.03Attempts, solicitation, and conspiracy.
777.10Entrapment.

777.01 Principal in first degree.—
  • Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.
777.02 Accessory after the fact.—
  • Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact and shall be punishable by ½ of the time of the crime committed.
777.03 Attempts, solicitation, and conspiracy.—
  • (1) A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt. Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.
    (2) A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation.
    (3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.
    (4) The offense of criminal attempt, criminal solicitation, or criminal conspiracy may be punishable by ½ of the time of the crime attempted, solicited, or conspired.
777.10 Entrapment.—
  • A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
User avatar
By Theory
Project Manager
#124
CHAPTER 782
HOMICIDE

782.01Justifiable use of deadly force.
782.02Excusable homicide.
782.03Murder.
782.04Attempted felony murder.
782.05Murder; law enforcement officer, correctional officer, correctional probation officer.
782.06Manslaughter.
782.061Aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
782.07Vehicular homicide.
782.08Assisting self-murder.
782.09Unnecessary killing to prevent unlawful act.

782.01 Justifiable 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.
782.02 Excusable 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.
782.03 Murder.—
  • (1) The unlawful killing of a human when perpetrated from a premeditated design to effect the death of the person killed or any human being is murder in the first degree and constitutes a capital felony, punishable by 150 minutes or life imprisonment.

    (2) 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 murder in the second degree and constitutes a felony of the first degree, punishable by 125 minutes imprisonment.

    (3) The unlawful killing of a human being, when perpetrated without any design to effect death is murder in the third degree and constitutes a felony of the second degree, punishable by 100 minutes imprisonment.
782.04 Attempted felony murder.—
  • Any person who perpetrates or attempts to perpetrate a 782.04 Murder and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the second degree, punishable by 100 minutes imprisonment.
782.05 Murder; law enforcement officer, correctional officer, correctional probation officer.—
  • Any person who perpetrates a murder in the first, second, or third degree, and the victim was a law enforcement officer, correctional officer, or correctional probation officer, engaged in the lawful performance of a legal duty, constitutes a capital felony, punishable by 150 minutes or life imprisonment.
782.06 Manslaughter.—
  • The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification 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 by 90 minutes imprisonment.
782.061 Aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
  • A person who causes the death, through culpable negligence, of an officer, a firefighter, an emergency medical technician, or a paramedic, 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 by 110 minutes imprisonment.
782.07 Vehicular homicide.—
  • "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the second degree, punishable by 90 minutes imprisonment.
782.08 Assisting self-murder.—
  • Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable by 85 minutes imprisonment.
782.09 Unnecessary killing to prevent unlawful act.—
  • Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable by 95 minutes imprisonment.
User avatar
By Theory
Project Manager
#127
CHAPTER 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.01Assault.
784.02Aggravated assault.
784.03Battery.
784.04Aggravated battery.
784.05Stalking; definitions; penalties.
784.06Culpable negligence.
784.07Assault or battery of law enforcement officers, firefighters, or emergency medical care providers; reclassification of offenses; minimum sentences.

784.01 Assault.—
  • 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 well-founded fear in such other person that such violence is imminent. Assault is a misdemeanor of the second degree, punishable by 15 minutes imprisonment.
784.02 Aggravated assault.—
  • An “aggravated assault” is an assault:
    • (a) With a deadly weapon without intent to kill; or
      (b) With an intent to commit a felony.
    Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable by 30 minutes imprisonment.
784.03 Battery.—
  • The offense of battery occurs when a person:
    • (a) Actually and intentionally touches or strikes another person against the will of the other; or
      (b) Intentionally causes bodily harm to another person.
    A person who commits battery commits a misdemeanor of the first degree, punishable by 45 minutes imprisonment.
784.04 Aggravated battery.—
  • A person who commits aggravated battery is someone who, in committing battery:
    • (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
      (b) Uses a deadly weapon.
    Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable by 60 minutes imprisonment.
784.05 Stalking; definitions; penalties.—
  • As used in this section, the term:
    • (a) “Harass” means 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.
      (b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
      (c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.
    A person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable by 25 minutes imprisonment.
784.06 Culpable negligence.—
  • (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable by 15 minutes imprisonment.

    (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable by 25 minutes imprisonment.
784.07 Assault or battery of law enforcement officers, firefighters, or emergency medical care providers; reclassification of offenses; minimum sentences.—
  • (1) As used in this section, the term:
    • (a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician, medical director, or any person authorized by an emergency medical service who is engaged in the performance of his or her duties.
      (b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
      (c) “Law enforcement officer” includes a law enforcement officer, a correctional officer, or a correctional probation officer.

    (2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, or an emergency medical care provider, while the officer, firefighter, or emergency medical care provider is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
    • (a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree, punishable by 30 minutes imprisonment.
      (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree, punishable by 45 minutes imprisonment.
      (c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree, punishable by 60 minutes imprisonment.
      (d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree, punishable by 75 minutes imprisonment.

    (3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:
    • (a) A “firearm” or “destructive device” shall be punishable by 60 minutes imprisonment.
      (b) A semiautomatic firearm and its high-capacity detachable box magazine shall be punishable by 75 minutes imprisonment.
#128
CHAPTER 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES

787.01Kidnapping.
787.02False imprisonment.
787.025Luring or enticing a child.
787.03Human trafficking.
787.04Human smuggling.

787.01 Kidnapping.—
  • The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
    • (a) Hold for ransom or reward or as a shield or hostage.
      (b) Commit or facilitate commission of any felony.
      (c) Inflict bodily harm upon or to terrorize the victim or another person.
      (d) Interfere with the performance of any governmental or political function.
    A person who kidnaps a person is guilty of a felony of the first degree, punishable by 110 minutes imprisonment.
787.02 False imprisonment.—
  • The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will. A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable by 60 minutes imprisonment.
787.025 Luring or enticing a child.—
  • (1) As used in this section, the term:
    • (a) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.
      (b) “Dwelling” means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof.
      (c) “Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car.

    (2) A person who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the first degree, punishable by 40 minutes imprisonment.

    (3) It is an affirmative defense to a prosecution under this section that:
    • (a) The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured.
      (b) The person lured or enticed, or attempted to lure or entice, the child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose.
      (c) The person’s actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child.

787.03 Human trafficking.—
  • (1) As used in this section, the term:
    • (a) “Coercion” means:
      • 1. Using or threatening to use physical force against any person;
        2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will;
        3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;
        4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;
        5. Causing or threatening to cause financial harm to any person;
        6. Enticing or luring any person by fraud or deceit; or
        7. Providing a controlled substance to any person for the purpose of exploitation of that person.
      (b) “Commercial sexual activity” means an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography.
      (c) “Financial harm” includes extortionate extension of credit, loan sharking, or employment contracts that violate the statute of frauds.
      (d) “Human trafficking” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.
      (e) “Labor” means work of economic or financial value.
      (f) “Maintain” means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service.
      (g) “Obtain” means, in relation to labor or services, to secure performance thereof.
      (h) “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.
      (i) “Sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest.
      (j) “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity.

    (2) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking, commits a felony of the first degree, punishable by 125 minutes imprisonment.
787.04 Human smuggling.—
  • (1) A person who transports into this state an individual who the person knows, or should know, is illegally entering the United States from another country commits a felony of the third degree, punishable by 50 minutes imprisonment.

    (2) A person commits a separate offense for each individual he or she transports into this state in violation of this section.
User avatar
By Theory
Project Manager
#185
CHAPTER 790
WEAPONS AND FIREARMS

790.01Unlicensed carrying of concealed weapons or concealed firearms.
790.02Prohibited use of self-defense weapon or device against law enforcement officer.
790.03Improper exhibition of dangerous weapons or firearms.
790.04Discharging firearm in public or on residential property.
790.05Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances.

790.01 Unlicensed carrying of concealed weapons or concealed firearms.—
  • (1) Except as provided in subsection (3), a person who is not licensed to carry a concealed weapon or firearm and who carries a concealed a weapon on or about his or her person commits a misdemeanor of the first degree, punishable by 25 minutes imprisonment.

    (2) Except as provided in subsection (3), a person who is not licensed to carry a concealed weapon or firearm and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable by 50 minutes imprisonment.

    (3) This section does not apply to a person who carries for purpose of lawful self-defense, in a concealed manner:
    • (a) A self-defense chemical spray.
      (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
790.02 Prohibited use of self-defense weapon or device against law enforcement officer.—
  • A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third degree, punishable by 60 minutes imprisonment.
790.03 Improper 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 by 40 minutes imprisonment.
790.04 Discharging firearm in public or on residential property.—
  • (1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling commits a misdemeanor of the first degree, punishable by 40 minutes imprisonment.

    This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties.

    (2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable by 90 minutes imprisonment.

    (3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable by 70 minutes imprisonment.
790.05 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances.—
  • (1) To "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

    (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person’s hand.

    (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable by 30 minutes imprisonment.

    (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.