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Florida Statute 812.028 | Lawyer Caselaw & Research
F.S. 812.028 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 812.028

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
F.S. 812.028
812.028 Defenses precluded.It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:
(1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed.
(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.
(3) Property that was not stolen was offered for sale as stolen property.
(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
History.s. 10, ch. 77-342.

F.S. 812.028 on Google Scholar

F.S. 812.028 on Casetext

Amendments to 812.028


Arrestable Offenses / Crimes under Fla. Stat. 812.028
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 812.028.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

. . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . . personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 140 So. 3d 992 (Fla. 2014)

. . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 121 So. 3d 520 (Fla. 2013)

. . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . . §§ 812.012(6), 812.028(8), Fla. Stat. . . . personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028 . . .

PADILLA, v. STATE v. v., 753 So. 2d 659 (Fla. Dist. Ct. App. 2000)

. . . Section 812.028, Florida Statutes (1995), precludes certain defenses to the crime of dealing in stolen . . . Section 812.028 specifically provides: 812.028. Defenses precluded. . . .

VERMETTE, v. S. LUDWIG,, 707 So. 2d 742 (Fla. Dist. Ct. App. 1997)

. . . But by virtue of section 812.028(1) and (3), Florida Statutes (1991), neither law enforcement’s use of . . .

V. CAPALDO, v. STATE, 679 So. 2d 717 (Fla. 1996)

. . . .” § 812.028(3), Fla. Stat. (1995). . . .

COMMISSION ON ETHICS, v. BARKER,, 677 So. 2d 254 (Fla. 1996)

. . . Dickinson, 370 So.2d 762, 762-63 (Fla.1979), we concluded that “Sections 812.012 to 812.028, Florida . . .

HERRERA, v. STATE, 594 So. 2d 275 (Fla. 1992)

. . . . § 812.028(4), Fla.Stat. (1977)1 This Court found that act, including its codification of entrapment . . . Before the enactment of subsection 812.028(4), the legislature had also addressed entrapment by abolishing . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . The effect of Section 812.028(3), Florida Statutes, is not provided for in the current instructions. . . .

L. LAMAR, v. KEESEE,, 512 So. 2d 1066 (Fla. Dist. Ct. App. 1987)

. . . Section 812.028(3) provides that It shall not constitute a defense to a prosecution for any violation . . .

A. CRUZ, v. STATE, 465 So. 2d 516 (Fla. 1985)

. . . In Dickinson, we upheld the constitutionality of section 812.028(4), Florida Statutes (1977), which provided . . . In Dickinson, we said that section 812.028(4) preserves the line between the predisposed criminal and . . . Section 812.028(4) has not been amended since our decision in Dickinson. . . .

STATE v. WYNN,, 433 So. 2d 1341 (Fla. Dist. Ct. App. 1983)

. . . The court then focused on section 812.028(3), Florida Statutes (1981), the provision for defenses, which . . . provided that such solicitation would not induce an ordinary law-abiding citizen to violate the act. § 812.028 . . . The legislature codified the particular situation we are faced with in the instant case in section 812.028 . . . The section specifically provides: 812.028 Defenses precluded. — It shall not constitute a defense to . . . Section 812.028 has been drafted to provide law enforcement officers with a tool to break up theft rings . . .

STATE v. RIOS, 409 So. 2d 241 (Fla. Dist. Ct. App. 1982)

. . . This result seems particularly apt in view of Section 812.028(3), Florida Statutes (1979), which strikes . . . has rejected the defense in prosecutions, as here, for endeavoring to traffic in stolen property. § 812.028 . . .

STATE v. SKINNER,, 397 So. 2d 389 (Fla. Dist. Ct. App. 1981)

. . . See Section 812.028, Florida Statutes (1977), and State v. Dickinson, 370 So.2d 762 (Fla.1979). . . .

J. MARINO, v. STATE, 392 So. 2d 36 (Fla. Dist. Ct. App. 1980)

. . . Appellant asserts for the first time on this appeal that section 812.028(3), Florida Statutes (1979), . . . Section 812.028(3) precludes the defendant from raising as a defense to section 812.-019(1) the fact . . . Our supreme court did not address the application of section 812.028(3) in its consideration of that . . .

STATE v. DICKINSON,, 370 So. 2d 762 (Fla. 1979)

. . . Dickinson was discharged by the trial court, which found Sections 812.012 to 812.028, Florida Statutes . . . Belgrave, 364 So.2d 1225 (Fla., 1978), to this case and hold that Sections 812.012 to 812.028, Florida . . . The trial court also invalidated Section 812.028 on another basis, finding that it “gives the government . . . Section 812.028(4), Florida Statutes (1977), provides it shall not constitute a defense to a prosecution . . . The order below, dismissing the information against Dickinson because Sections 812.012 to 812.028, Florida . . .