775.0846
Possession of bulletproof vest while committing certain offenses.
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775.0846 Possession of bulletproof vest while committing certain offenses.—
(1) As used in this section, the term “bulletproof vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.
History.—s. 1, ch. 85-29; s. 1186, ch. 97-102; s. 3, ch. 2008-238.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1988–2024 · leading case: Flarity v. State
Flarity v. State (1988)
“[8] Compare section 775.0846, Florida Statutes, which, in form, appears to create a separate substantive offense prohibiting the wearing of body armor while committing certain crimes, rather than merely using that factor to enhance punishment for the underlying offense.”
Sullivan v. State (1990)
“The court enhanced the offense from a third-degree to a second-degree felony and sentenced appellant to five years' imprisonment. Appellee argues that enhancement under Section 782.”
William Kiefer Bradley Egan v. State of Florida (2024)
“Section 775.0846(2), Florida Statutes, proscribes the possession of a bulletproof vest while a person commits one of various felonies, including aggravated assault, and “such possession is in the course of and in furtherance of any such crime.”
— 775.0846(2) — 1 case
William Kiefer Bradley Egan v. State of Florida (2024)
“Section 775.0846(2), Florida Statutes, proscribes the possession of a bulletproof vest while a person commits one of various felonies, including aggravated assault, and “such possession is in the course of and in furtherance of any such crime.”
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