777.04
Attempts, solicitation, and conspiracy.
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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), 379.2431(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. 379.2431(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. 379.2431(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; s. 204, ch. 2008-247.
Note.—Former s. 776.04.
Notes of Decisions
Cited in 609
cases (48 in the last 5 years), 1975–2026 · leading case: Harriman v. State
Harriman v. State (2015)
“The abandonment defense relied upon by appellant in the present case is set forth in the “Attempts, solicitation, and conspiracy” statute, section 777.04, Florida Statutes. Subsection (5) provides: It is a defense to a charge of criminal attempt, criminal solicitation, or…”
Connolly, Jr. v. State (2015)
“During the solicitation, defendant commanded, encouraged, hired or 41 I also include a discussion of the crime of solicitation, as it helps to further demonstrate why the majority’s analogy is misguided. 124 requested another person to engage in specific conduct which would…”
Calvin Weatherspoon v. State of Florida (2017)
“Rather, the information erroneously and confusingly cited to the attempt statute (section 777.04, Florida Statutes), and the premeditated murder statute, (section 782.”
Longval v. State (2005)
“The first district wrote that "the only authorization for the abandonment defense in Florida is section 777.”
State v. Gray (1995)
“; see also § 777.04(1), Fla. Stat. (1991). [1] He recognized that the crime of felony murder is based on a legal fiction that implies malice aforethought from the actor's intent to commit the underlying felony.”
Nurse v. State (1995)
“510(b) is not exclusively defined by the attempt statute [§ 777.04, Fla. Stat. (1991)], but may also, in our view, be supplemented by caselaw for lesser included offense purposes.”
Brooks v. State (2000)
“See § 777.04(1), Fla. Stat. (1995). Even if we accepted the theory asserted by Brooks that someone other than Brooks or Brown removed the sandwich bag containing the crack cocaine after the shooting occurred, [22] there is competent, substantial evidence showing that Brooks…”
Carroll v. State (1996)
“The First District Court of Appeal has taken the position that abandonment can only be a defense in Florida where the defendant is charged with criminal attempt, criminal solicitation, or criminal conspiracy under section 777.04, Florida Statutes. Dixon v.”
Bryan Turner v. Mike Williams (2023)
“26 Fla. Stat. § 777.04 states: “A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.”
Ramirez v. State (1979)
“The defendants were charged by information in the Circuit Court for the Eleventh Judicial Circuit of Florida with: (1) conspiracy to unlawfully possess over one hundred pounds of marijuana [§ 777.04(3), Fla. Stat. (1977)], (2) unlawful possession of over one hundred pounds of…”
Fleming v. State (1979)
“13(2)(a), Florida Statutes; (IV) attempted robbery of Purolator Security, section 777.04(1), Florida Statutes; (V) kidnapping of Johnson, section 787.”
Merritt v. State (1998)
“On appeal, Merritt argued that the offense of attempted battery of a law enforcement officer does not exist.”
— 777.04(1) — 136 cases
State v. Gray (1995)
“; see also § 777.04(1), Fla. Stat. (1991). [1] He recognized that the crime of felony murder is based on a legal fiction that implies malice aforethought from the actor's intent to commit the underlying felony.”
Brooks v. State (2000)
“See § 777.04(1), Fla. Stat. (1995). Even if we accepted the theory asserted by Brooks that someone other than Brooks or Brown removed the sandwich bag containing the crack cocaine after the shooting occurred, [22] there is competent, substantial evidence showing that Brooks…”
Fleming v. State (1979)
“13(2)(a), Florida Statutes; (IV) attempted robbery of Purolator Security, section 777.04(1), Florida Statutes; (V) kidnapping of Johnson, section 787.”
Berger v. State (2018)
Calvin Weatherspoon v. State of Florida (2017)
“Rather, the information erroneously and confusingly cited to the attempt statute (section 777.04, Florida Statutes), and the premeditated murder statute, (section 782.”
— 777.04(2) — 36 cases
Connolly, Jr. v. State (2015)
“During the solicitation, defendant commanded, encouraged, hired or 41 I also include a discussion of the crime of solicitation, as it helps to further demonstrate why the majority’s analogy is misguided. 124 requested another person to engage in specific conduct which would…”
Metcalf v. State (1993)
Hayles v. State (1992)
State v. Waskin (1985)
— 777.04(3) — 64 cases
Ramirez v. State (1979)
“The defendants were charged by information in the Circuit Court for the Eleventh Judicial Circuit of Florida with: (1) conspiracy to unlawfully possess over one hundred pounds of marijuana [§ 777.04(3), Fla. Stat. (1977)], (2) unlawful possession of over one hundred pounds of…”
Ashenoff v. State (1980)
Boyd v. State (1980)
Connolly, Jr. v. State (2015)
“During the solicitation, defendant commanded, encouraged, hired or 41 I also include a discussion of the crime of solicitation, as it helps to further demonstrate why the majority’s analogy is misguided. 124 requested another person to engage in specific conduct which would…”
State v. Mena (1985)
— 777.04(4) — 15 cases
Streeter v. State (1982)
Greene v. State (1998)
Connolly, Jr. v. State (2015)
“During the solicitation, defendant commanded, encouraged, hired or 41 I also include a discussion of the crime of solicitation, as it helps to further demonstrate why the majority’s analogy is misguided. 124 requested another person to engage in specific conduct which would…”
Damoulakis v. State (2002)
— 777.04(4)(a) — 38 cases
Williams v. State (2001)
State v. Hogan (1984)
Anderson v. State (2004)
Henderson v. State (2005)
Duke v. State (1984)
— 777.04(4)(b) — 60 cases
Smith v. State (2016)
Connolly, Jr. v. State (2015)
“During the solicitation, defendant commanded, encouraged, hired or 41 I also include a discussion of the crime of solicitation, as it helps to further demonstrate why the majority’s analogy is misguided. 124 requested another person to engage in specific conduct which would…”
Calvin Weatherspoon v. State of Florida (2017)
“Rather, the information erroneously and confusingly cited to the attempt statute (section 777.04, Florida Statutes), and the premeditated murder statute, (section 782.”
Adams v. State (2005)
Rincon v. State (2008)
— 777.04(4)(c) — 77 cases
Goree v. State (1982)
Massey v. State (1977)
— 777.04(4)(d) — 29 cases
Boyd v. State (2004)
Rozmestor v. State (1980)
Gillman v. State (1977)
Aylin v. State (1978)
Perez v. State (1983)
— 777.04(4)(e) — 12 cases
Mendenhall v. State (2010)
Brown v. State (1995)
Cronin v. State (1995)
Pearson v. State (1995)
Kaufman v. State (1997)
— 777.04(4)(f) — 1 case
Smith v. State (1995)
— 777.04(4a) — 1 case
State v. Benson (1985)
— 777.04(5) — 10 cases
Harriman v. State (2015)
“The abandonment defense relied upon by appellant in the present case is set forth in the “Attempts, solicitation, and conspiracy” statute, section 777.04, Florida Statutes. Subsection (5) provides: It is a defense to a charge of criminal attempt, criminal solicitation, or…”
Carroll v. State (1996)
“The First District Court of Appeal has taken the position that abandonment can only be a defense in Florida where the defendant is charged with criminal attempt, criminal solicitation, or criminal conspiracy under section 777.04, Florida Statutes. Dixon v.”
Longval v. State (2005)
“The first district wrote that "the only authorization for the abandonment defense in Florida is section 777.”
State v. Nessim (1991)
Williams v. State (1980)
— 777.04(5)(a) — 12 cases
State v. Parish (1981)
Longval v. State (2005)
“The first district wrote that "the only authorization for the abandonment defense in Florida is section 777.”
Bates v. State (1985)
Harriman v. State (2015)
“The abandonment defense relied upon by appellant in the present case is set forth in the “Attempts, solicitation, and conspiracy” statute, section 777.04, Florida Statutes. Subsection (5) provides: It is a defense to a charge of criminal attempt, criminal solicitation, or…”
— 777.04(5)(b) — 2 cases
Peacock v. State (1986)
— 777.04(5)(c) — 5 cases
State v. Bauman (1983)
Etheridge v. State (1982)
— 777.04(a) — 1 case
Greene v. State (1998)
— 777.04(b) — 1 case
Kennedy v. State (2005)
— 777.04(c) — 2 cases
Dillard v. State (2002)
— 777.04(d) — 4 cases
State v. Perez (1984)
Massey v. State (1977)
Greene v. State (1998)
Ladd v. State (1998)
— 777.04(e) — 1 case
Hayes v. State (1999)
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