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Miami Conspiracy Laws by Statute
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P777.011 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.
History.--s. 1, ch. 57-310; s. 11, ch. 74-383; s. 1194, ch.
97-102.
Note.--Former s. 776.011.
777.03 Accessory after the fact.--
(1)(a) 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 accessory before the fact, or gives the
offender any other aid, knowing that the offender had committed a
felony or been accessory thereto before the fact, with intent that
the offender avoids or escapes detection, arrest, trial or
punishment, is an accessory after the fact.
(b) Any person, regardless of the relation to the offender, who
maintains or assists the principal or accessory before the fact,
or gives the offender any other aid, knowing that the offender had
committed the offense of child abuse, neglect of a child,
aggravated child abuse, aggravated manslaughter of a child under
18 years of age, or murder of a child under 18 years of age, or
had been 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 unless the court finds
that the person is a victim of domestic violence.
(2)(a) If the felony offense committed is a capital felony, the
offense of accessory after the fact is a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) If the felony offense committed is a life felony or a felony
of the first degree, the offense of accessory after the fact is a
felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(c) If the felony offense committed is a felony of the second
degree or a felony of the third degree ranked in level 3, 4, 5, 6,
7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of
accessory after the fact is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) If the felony offense committed is a felony of the third
degree ranked in level 1 or level 2 under s. 921.0022 or s.
921.0023, the offense of accessory after the fact is a misdemeanor
of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3) Except as otherwise provided in s. 921.0022, for purposes of
sentencing under chapter 921 and determining incentive gain-time
eligibility under chapter 944, the offense of accessory after the
fact is ranked two levels below the ranking under s. 921.0022 or
s. 921.0023 of the felony offense committed.
History.--s. 6, sub-ch. 11, ch. 1637, 1868; RS 2356; GS 3180; RGS
5010; CGL 7112; s. 700, ch. 71-136; s. 65, ch. 74-383; s. 13, ch.
95-184; s. 16, ch. 97-194; s. 15, ch. 99-168.
Note.--Former s. 776.03.
777.04 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, ranked for purposes of sentencing as provided in
subsection (4). 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, ranked for purposes of sentencing as provided in
subsection (4).
(3) A person who agrees, conspires, combines, or confederates with
another person or persons to commit any offense commits the
offense of criminal conspiracy, ranked for purposes of sentencing
as provided in subsection (4).
(4)(a) Except as otherwise provided in ss. 104.091(2), 370.12(1),
828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of
criminal attempt, criminal solicitation, or criminal conspiracy is
ranked for purposes of sentencing under chapter 921 and
determining incentive gain-time eligibility under chapter 944 one
level below the ranking under s. 921.0022 or s. 921.0023 of the
offense attempted, solicited, or conspired to. If the criminal
attempt, criminal solicitation, or criminal conspiracy is of an
offense ranked in level 1 or level 2 under s. 921.0022 or s.
921.0023, such offense is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(b) If the offense attempted, solicited, or conspired to is a
capital felony, the offense of criminal attempt, criminal
solicitation, or criminal conspiracy is a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(c) Except as otherwise provided in s. 893.135(5), if the offense
attempted, solicited, or conspired to is a life felony or a felony
of the first degree, the offense of criminal attempt, criminal
solicitation, or criminal conspiracy is a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(d) Except as otherwise provided in s. 104.091(2), s. 370.12(1),
s. 828.125(2), or s. 849.25(4), if the offense attempted,
solicited, or conspired to is a:
1. Felony of the second degree;
2. Burglary that is a felony of the third degree; or
3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9,
or 10 under s. 921.0022 or s. 921.0023,
the offense of criminal attempt, criminal solicitation, or
criminal conspiracy is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(e) Except as otherwise provided in s. 104.091(2), s. 370.12(1),
s. 849.25(4), or paragraph (d), if the offense attempted,
solicited, or conspired to is a felony of the third degree, the
offense of criminal attempt, criminal solicitation, or criminal
conspiracy is a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(f) Except as otherwise provided in s. 104.091(2), if the offense
attempted, solicited, or conspired to is a misdemeanor of the
first or second degree, the offense of criminal attempt, criminal
solicitation, or criminal conspiracy is a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) It is a defense to a charge of criminal attempt, criminal
solicitation, or criminal conspiracy that, under circumstances
manifesting a complete and voluntary renunciation of his or her
criminal purpose, the defendant:
(a) Abandoned his or her attempt to commit the offense or
otherwise prevented its commission;
(b) After soliciting another person to commit an offense,
persuaded such other person not to do so or otherwise prevented
commission of the offense; or
(c) After conspiring with one or more persons to commit an
offense, persuaded such persons not to do so or otherwise
prevented commission of the offense.
History.--s. 8, sub-ch. 11, ch. 1637, 1868; RS 2594; GS 3517; RGS
5403; CGL 7544; s. 701, ch. 71-136; s. 1, ch. 72-245; s. 1, ch.
73-142; s. 12, ch. 74-383; s. 5, ch. 75-298; s. 1, ch. 83-98; s.
2, ch. 86-50; s. 170, ch. 91-224; s. 4, ch. 93-406; s. 14, ch.
95-184; s. 1195, ch. 97-102; s. 17, ch. 97-194; s. 2, ch.
2002-214; s. 2, ch. 2003-59.
Note.--Former s. 776.04.
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