CopyCited 74 times | Published | Supreme Court of Florida
...ly struck in the State of Alabama. The state, however, contends that if an offense is commenced in Florida and consummated outside the state, Florida retains jurisdiction to try this defendant for first-degree murder under the provisions of sections
910.005 and
910.01, Florida Statutes (1977). We find the legislature of the State of Florida by the provisions of section
910.005(2) grants Florida jurisdiction to try this appellant for first-degree murder....
...English terminology "for that alone is the act of the party, and the death is but a consequence... ." 1 E. East, Pleas of the Crown 361 (1803). See generally People v. Duffield, 387 Mich. 300, 197 N.W.2d 25 (1972); Annot., 67 A.L.R.3d 988 (1975). By section 910.005, we have broadened our jurisdiction to allow the trial of the homicide offense when the death occurs in the state or when an essential element of the homicide occurs in Florida even though the fatal blow was struck outside the state. The applicable provisions of section 910.005 provide: (1) A person is subject to prosecution in this state for an offense that he commits, while either within or outside the state, by his own conduct or that of another for which he is legally accountable, if: (a) The offense is committed wholly or partly within the state; ........
CopyCited 73 times | Published | Supreme Court of Florida | 2006 WL 1299617
...[13] The circuit courts have exclusive original jurisdiction over all felonies. Art. V, § 5(b), Fla. Const.; §
26.012(2)(d), Fla. Stat. (2003). A person can be prosecuted in this state for a crime if the offense is committed either wholly or partly within this state. §
910.005(1)(a), Fla....
CopyCited 51 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 138
...In Lane we were faced with the factual situation wherein the *399 charged offense, first-degree murder, was commenced in Florida and concluded in Alabama. Recognizing that the fatal blow to the victim was probably struck in Alabama, we held that pursuant to section 910.005(2), Florida Statutes (1977), Florida had jurisdiction to try the defendant....
CopyCited 35 times | Published | Supreme Court of Florida
cause could have been prosecuted in either county. §
910.05, Fla. Stat. (1977); Barclay v. State, 343 So.2d
CopyCited 33 times | Published | Supreme Court of Florida
committed in that area shall be sufficient." and Section
910.05, Florida Statutes, providing: "If the acts
CopyCited 30 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 703, 2012 WL 5514368, 2012 Fla. LEXIS 2357
Broward County, where Quatisha was killed. Section
910.05, Florida Statutes (1997), provides that “[i]f
CopyCited 24 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 123
...Appellant's next argument is that the trial court erred by not giving a specific instruction that the state was required to prove beyond a reasonable doubt that Florida had territorial jurisdiction of the crime. He says that the statutory presumption of jurisdiction arising from the victim's body *504 being found in Florida, § 910.005(2), Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 2006 WL 3313741
...Florida's criminal jurisdiction statute provides that a person is subject to prosecution in Florida for an offense committed while the person is either within or outside the state provided that the offense is "committed wholly or partly within the state." §
910.005(1)(a), Fla. Stat. (2005) (emphasis added); see also Simmons v. State,
934 So.2d 1100, 1112 (Fla.2006) (affirming principle that Florida has jurisdiction to prosecute for a crime that is committed either wholly or partly within the state). Section
910.005(2) explains that an offense is committed partly within Florida if "either the conduct that is an element of the offense or the result that is an element, occurs within the state." In the case of using a computer to solicit a Florida m...
CopyCited 15 times | Published | Supreme Court of Florida | 2000 WL 422872
...State,
504 So.2d 396, 398-99 (Fla.1987), disapproved on other grounds, Owen v. State,
596 So.2d 985 (Fla.1992). The defendant in Keen committed murder while on the high seas. We found that because the element of premeditation occurred in Florida, jurisdiction was properly exercised under section
910.005(2), Florida Statutes (1977), which grants Florida jurisdiction over crimes committed partly within the state....
...In Lane we were faced with the factual situation wherein the charged offense, first-degree murder, was commenced in Florida and concluded in Alabama. Recognizing that the fatal blow to the victim was probably struck in Alabama, we held that pursuant to section 910.005(2), Florida Statutes (1977), Florida had jurisdiction to try the defendant....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2002 WL 1085251
...le ... (a) The offense is committed wholly or partly within the state; [or] . . . . (c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state ... § 910.005(1), Fla. Stat. (1993). An offense is committed partly within the state, the statute [1] further declares, "if either the conduct that is an element of the offense or the result that is an element[ ] occurs *211 within the state." § 910.005(2), Fla....
...is guilty of a felony of the first degree." In charging this crime, the information alleged that Escambia County was the victim of the fraud and therefore by implication that a "result that is an element" (obtaining property from Escambia County) occurred within Florida. See § 910.005(2), Fla....
...At least two violations of section
517.301(1)(a) in which money was obtained from Escambia County were alleged as elements (predicate offenses) of the substantive RICO offense. The state also alleged and proved "act[s] in furtherance of the [RICO] conspiracy occur[ring] in the state." §
910.005(1)(c), Fla....
CopyCited 13 times | Published | Supreme Court of Florida
which the state attorney serves. See §
910.05, Fla. Stat. (2010) ("If the acts constituting
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 2625
...ts occurring outside the state of Florida. Appellant was properly subjected to prosecution in Florida and the jury was entitled to consider this evidence as related to the overall drug conspiracy which encompassed repeated acts within the state. See section 910.005(1), Florida Statutes....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1991 WL 65937
Broward County on these counts, *215 pursuant to section
910.05, Florida Statutes (1983), which provides: If
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1991 WL 116
...However, we reverse Gore's conviction for the attempted murder of the victim's child. Because the overt acts comprising the crime charged were committed in Georgia, not in Florida, the court did not have territorial jurisdiction over the crime charged. Section 910.005, Florida Statutes (1987); Lane v....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1258540, 2014 Fla. App. LEXIS 4679
...Roberts, an Indiana resident, used her aunt’s name and social security number to establish an Indiana utility account. The aunt lives in Florida. The trial court dismissed the case for lack of jurisdiction; it concluded that no part of the offense occurred in Florida. See § 910.005(l)(a), Fla....
...However, because Ms. Roberts’ failure to obtain her aunt’s prior consent was both an omission of a duty imposed by Florida law and an element of the underlying offense, the offense was committed, at least in part, in Florida. Jurisdiction Statute Section 910.005, governing State criminal jurisdiction, provides as follows: *937 (1) A person is subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, by her or his own conduct or that...
...Roberts’ failure to obtain her aunt’s prior consent — or the result that she fraudulently used the information without such consent — is an element of the offense. See §
817.568(2)(a); Williams,
57 So.3d at 905 . Ms. Roberts is subject to prosecution in Florida if that element occurred in Florida. See §
910.005(l)(a). The inquiry calls upon us to determine whether the failure to obtain her aunt’s consent (or its result) constitutes an omission to perform a duty imposed by Florida law. See §
910.005(2), (3)....
...A Kansas statute prohibited omission of services necessary to maintain the health of a dependent adult. Id. at 175. The appellee argued that Kansas lacked jurisdiction because the offenses occurred in Missouri. Id. at 174. The Kansas jurisdictional statute included a provision nearly identical to section 910.005(3): “A crime which is based on an omission to perform a duty imposed by the law of this state, is committed within the state, regardless of the location of the person omitting to perform such duty at the time of the omission.” James, 79 P.3d at 174 (citing § 21-3104(3), Kan....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1995 WL 608515
...e first degree which felony shall be known as "trafficking in cocaine." If the quantity involved: 3. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000. Section 910.005(1)(d), Florida Statutes (1987), provides that a person can be prosecuted for an offense he commits within or outside of the state if "the conduct [committed] within the state constitutes an attempt or conspiracy to commit in another j...
...In that case, the appellant was charged with conspiracy to possess marijuana. The marijuana was destined for Michigan and never was present in Florida, although the appellant made payment for the marijuana in Florida. The second district looked to section 910.005(1)(d) in holding that the crime was subject to prosecution in Florida, noting that possession of marijuana was a crime in both Michigan and Florida....
...ange result to punish conspiracies to sell, purchase, manufacture, and deliver cocaine only if they were within this state but to punish conspiracies to possess cocaine anywhere, so long as one of the elements of the offense occurred in Florida. See § 910.005(2), Fla....
...McCauley,
418 So.2d 1177, 1179-80 (Fla. 1st DCA 1982). Based on our construction, we conclude that trafficking in cocaine which is destined for a location outside this jurisdiction may be a violation of this statute so long as the requirements for prosecution set forth in section
910.005 are met. The charge against the appellant was not trafficking but conspiracy to traffic. Only offenses committed partly in Florida can be punished under Florida law. Section
910.005(2) states: An offense is committed partly within this state if either the conduct that is an element of the offense or the result that is an element occurs within the state....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...It is appellee's position that appellant's conduct outside Florida constituted an attempt to commit an offense within Florida; therefore, appellant was subject to prosecution in Florida, even if the pertinent acts occurred wholly outside Florida. In support of this position, appellee relies upon Section 910.005(1)(b), Florida Statutes (1975)....
...sdiction to try appellant for this offense. In this case, although the acts solicited were to be performed in Florida, the crime charged in the indictment of solicitation was committed wholly outside Florida. Thus, contrary to appellee's contention, Section 910.005(1)(b), Florida Statutes (1975), did not confer jurisdiction in the Florida courts....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 31889990
county where any of the criminal acts occurred. See §
910.05, Fla. Stat. (1997). Venue is an essential element
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 424187
A wrinkle on the venue rule is provided by section
910.05, Fla. Stat. (1991) for crimes where the acts
CopyCited 3 times | Published | Florida 1st District Court of Appeal
victim in Duval County, claims the benefit of §
910.05, F.S. 1975, which provides: *1090 "If the acts
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
v. State,
178 So.2d 714 (Fla. 1965), unless section
910.05, which provides that if the acts constituting
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 93535
therein makes applicable the venue provision of section
910.05. Section
810.02(1) defines burglary as "entering
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 64134
...r was furthered by acts in this state, and Petrillo acted as an agent of the government. See Lane v. State,
388 So.2d 1022 (Fla. 1980); Battle v. State,
365 So.2d 1035 (Fla. 3d *772 DCA 1978), cert. denied,
376 So.2d 76 (Fla. 1979). Florida Statutes Section
910.005(1)(c) provides for jurisdiction in Florida where "conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state." Section
910.005(1)(a) confers jurisdiction over offenses "committed wholly or partly within the state." Our review of the record reveals ample evidence to support a conclusion that the defendants engaged in a conspiracy with each other. There was sufficient action in furtherance of their conspiracy in Florida to provide jurisdiction in this state under Florida Statutes Section
910.005....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 14276, 2005 WL 2175453
...ich would be presented at trial would establish the crime of attempt, as well as the crime of solicitation. This argument possessed merit and is an alternative basis for reversal. See State v. Saunders,
508 So.2d 473 (Fla. 4th DCA 1987)(holding that section
910.005(l)(b) of the Florida Statutes, providing in part that a person is subject to prosecution in State for an offense that he committed while either within or outside State if the conduct outside State constituted an attempt to commit an o...
...ing which a law enforcement person located in Florida posed as a teenager on the internet and communicated via e-mail with the defendant who was located in Virginia. The defendant was arrested when he arrived in Florida to meet the alleged victim. . Section 910.005 of the Florida Statutes (2003) provides: 910.005....
...state; (d) The conduct within the state constitutes an attempt or conspiracy to commit in another jurisdiction an offense under the laws of both this state and the other jurisdiction; or (e) The conduct constitutes a knowing violation of s.
286.011. §
910.005(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2609458
any county in which any of the acts occurred." §
910.05, Fla. Stat. "Appellate review is confined to issues
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 95280
...COBB, Judge. The issue in this case concerns the authority of the State of Florida to exercise criminal jurisdiction over an act occurring on the high seas on a foreign flag vessel. The general criminal jurisdiction of the State of Florida is set out in section 910.005, Florida Statutes....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1921, 1990 WL 32456
..., and that they were never concealed in Florida. Therefore, because no part of the alleged crimes were committed wholly or partly within Florida, the court had no jurisdiction over those crimes. The trial court agreed, and dismissed the information. Section 910.005(3), Florida Statutes (1987), provides that “[a]n offense that is based on an omission to perform a duty imposed by the law of this state is committed within the state, regardless of the location of the offender at the time of the omission” (emphasis supplied)....
CopyPublished | Florida 4th District Court of Appeal
...conduct the person commits a violation of this section
involving a child, a child’s guardian, or another person
believed by the person to be a child or a child’s guardian.
§
847.0135(7), Fla. Stat. (2019) (emphasis added). In turn, section
910.005(1), Florida Statutes (2019) states in part:
A person is subject to prosecution in this state for an offense
that she or he commits, while either within the state or
outside the state, by her or his own conduct ....
...been used. . . . In the absence of express limiting language or apparent
contrary intent, we should not limit the extra-territorial reach of a statute
intended to confer extra-territorial jurisdiction.”). We hold that under
sections
847.0135(7) and
910.005(1), the State’s criminal jurisdiction
extends to acts committed by a person in another country when part of
the offense is also committed in Florida.
Petition denied.
CONNER, C.J., and ARTAU, J., concur.
*...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1146, 1986 Fla. App. LEXIS 7854
petitions in this court. While conceding that Section 910.-05, Florida Statutes, gives the state the right
CopyPublished | Florida 2nd District Court of Appeal
...)
___________________________________)
Opinion filed March 21, 2018.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Polk County; Donald G. Jacobsen,
Judge.
Orson W. Benn, pro se.
PER CURIAM.
Affirmed. See § 910.005, Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19355
...§ 910.-005(l)(a), Fla.Stat. (1979); Lane v. State,
388 So.2d 1022 (Fla.1980). If either the conduct that is an element of the offense or the result that is an element occurs within the state, the offense is deemed committed partly within this state. §
910.005(2), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1396, 1987 Fla. App. LEXIS 8573
...t the Defendant purchased the boat in Fort Lauderdale, Florida; 6) That the lien on the boat is held by a Fort Lauderdale bank; 7) That the boat is generally kept in Bro-ward County. The motion was granted and the charges were dismissed. We reverse. Section 910.005(1)(b) provides: (1) A person is subject to prosecution in this state for an offense that he commits, while either within or outside the state, by his own conduct ......
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 10844, 2003 WL 21658358
...e vehicle shall be redelivered to the person letting such property; (2) the expiration of the lease period; (3) the willful refusal to redeliver the vehicle with the intent to defraud; (4) the lack of consent of the person who let the vehicle. Under section 910.005, Florida has jurisdiction to prosecute cases in which: (1) A person is subject to prosecution in this state for an offense that he commits, while either within or outside the state, by her or his own conduct or that of another for whi...
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15962
...a. Appellant contends that since he could not be convicted in Florida of the crime of possession of marijuana, he could not be convicted in Florida of conspiracy to possess the marijuana. Appellant’s contention is laid to rest by the provisions of Section 910.005(l)(d), Florida Statutes (1977), which states: 910.005 State criminal jurisdiction.— (1) A person is subject to prosecution in this state for an offense that he commits, while either within or outside the *438 state, by his own conduct or that of another for which he is legally accountable, if:...
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 981, 2012 WL 204289
...When the plane landed, Sanders was arrested by the Broward County Sheriffs Office and later charged by the state with grand theft in excess of $300. Sanders filed a motion to dismiss the charge for lack of jurisdiction. Sanders argued that pursuant to section 910.005, Florida Statutes (2008), Florida did not have jurisdiction over her for the alleged theft because all of the elements of the theft occurred before the plane reached Florida....
...or his own conduct or that of another for which the person is legally accountable, if: (a) The offense is committed wholly or partly within the state; (b) The conduct outside the state constitutes an attempt to commit an offense within the state.... § 910.005(1), Fla. Stat. (2008). Sanders contends that the alleged grand theft does not fall under either paragraph (a) or (b) of subsection 910.005(1)....
...This means that the theft was fully executed before the plane reached Florida. 1 Sanders could not be “endeavoring] to obtain” the victim’s property because she already had done so. Thus, the theft was not “committed wholly or partly within” Florida, so paragraph (a) of subsection 910.005(1) does not apply....
...Further, because the crime was completed the moment she obtained the victim’s money with the intent to deprive her of it permanently, Sanders’s actions on the plane could not “constitute! ] an attempt to commit an offense within” Florida under 910.005(l)(b)....
...ounted to seventy pounds of cannabis. 2 Id. at 474 . The state offered sufficient facts to infer that the defendant was returning to Fort Lauderdale when the boat was boarded. The defendant filed a motion to dismiss for lack of jurisdiction under subsection 910.005(1), which the trial court granted. On appeal, we reversed the dismissal of the charge, finding that the defendant’s actions amounted to an attempt to commit the crime of possession within Florida, and therefore paragraph (b) of subsection 910.005(1) controlled....
CopyPublished | Florida 6th District Court of Appeal
12 §
910.05, Fla. Stat. (1985) (emphasis added). These statutes
CopyPublished | Florida 6th District Court of Appeal
12 §
910.05, Fla. Stat. (1985) (emphasis added). These statutes
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3644, 1998 WL 158598
...the denial of the motions. Florida has state criminal jurisdiction over “[a]n offense that is committed partly within this state if either the conduct that is an element of the offense or the result that is an element, occurs within the state.” § 910.005(2), Fla....
...the casino. The element of intent having occurred in Florida, the State had jurisdiction. See Keen v. State,
504 So.2d 396 (Fla.1987), overruled on other grounds, Owen v. State,
596 So.2d 985, 990 (Fla.1992). Because the State had jurisdiction under section
910.005(2), there is no need to reach the question challenging the constitutionality of section
910.006 in this case....
...The State filed a traverse to the motion to dismiss in which it specifically alleged facts to support the greater charge. A material fact was therefore in dispute and the court properly denied the motion. See Fla. R.Crim. Pro. 3.190(d). The State of Florida properly exercised its jurisdiction under section 910.005, over Lyons’ criminal conduct....
