Florida Statute 812.028 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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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 Citing Statute 812.028

Total Results: 17

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-04

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 614, 2016 WL 1460587

Snippet: and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTION 14.2

Court: Supreme Court of Florida | Date Filed: 2014-06-05

Citation: 140 So. 3d 992, 2014 WL 2516096

Snippet: and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property

In re Standard Jury Instructions in Criminal Cases—Instruction 14.2

Court: Supreme Court of Florida | Date Filed: 2013-08-29

Citation: 121 So. 3d 520, 2013 WL 4555389, 2013 Fla. LEXIS 1859

Snippet: interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property

Standard Jury Inst. in Cr. Cases No. 2006-2

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 962 So. 2d 310, 2007 WL 2002611

Snippet: and claims; and services. *328 §§ 812.012(6), 812.028(3), Fla. Stat. "Stolen property" means property

Padilla v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-08

Citation: 753 So. 2d 659, 2000 Fla. App. LEXIS 2241, 2000 WL 266679

Snippet: (1995) (dealing in stolen property). Section 812.028, Florida Statutes (1995), precludes certain defenses

Vermette v. Ludwig

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 707 So. 2d 742, 1997 WL 777926

Snippet: guns were not stolen. But by virtue of section 812.028(1) and (3), Florida Statutes (1991), neither law

Capaldo v. State

Court: Supreme Court of Florida | Date Filed: 1996-06-20

Citation: 679 So. 2d 717, 1996 WL 336050

Snippet: stolen was offered for sale as stolen property." § 812.028(3), Fla. Stat. (1995). Florida courts have consistently

Commission on Ethics v. Barker

Court: Supreme Court of Florida | Date Filed: 1996-05-02

Citation: 677 So. 2d 254, 21 Fla. L. Weekly Supp. 193, 1996 Fla. LEXIS 733, 1996 WL 218197

Snippet: 1979), we concluded that "Sections 812.012 to 812.028, Florida Statutes (1977), are constitutionally

Herrera v. State

Court: Supreme Court of Florida | Date Filed: 1992-02-06

Citation: 594 So. 2d 275, 1992 WL 18565

Snippet: Anti-Fencing Act, sections 812.012 through 812.037. § 812.028(4), Fla. Stat. (1977). This Court found that act

In Re Stan. Jury Instr. in Criminal Cases

Court: Supreme Court of Florida | Date Filed: 1989-03-30

Citation: 543 So. 2d 1205, 1989 WL 34342

Snippet: dealing in stolen property. The effect of Section 812.028(3), Florida Statutes, is not provided for in the

Lamar v. Keesee

Court: District Court of Appeal of Florida | Date Filed: 1987-09-10

Citation: 512 So. 2d 1066, 12 Fla. L. Weekly 2201, 1987 Fla. App. LEXIS 10187

Snippet: in ss. 775.082, 775.083, and 775.084. Section 812.028(3) provides that It shall not constitute a defense

Cruz v. State

Court: Supreme Court of Florida | Date Filed: 1985-03-07

Citation: 465 So. 2d 516, 10 Fla. L. Weekly 161

Snippet: Dickinson, we upheld the constitutionality of section 812.028(4), Florida Statutes (1977), which provided: It

State v. Wynn

Court: District Court of Appeal of Florida | Date Filed: 1983-07-06

Citation: 433 So. 2d 1341, 1983 Fla. App. LEXIS 19805

Snippet: Anti-Fencing Act. The court then focused on section 812.028(3), Florida Statutes (1981), the provision for

State v. Rios

Court: District Court of Appeal of Florida | Date Filed: 1982-02-09

Citation: 409 So. 2d 241

Snippet: result seems particularly apt in view of Section 812.028(3), Florida Statutes (1979), which strikes down

State v. Skinner

Court: District Court of Appeal of Florida | Date Filed: 1981-04-22

Citation: 397 So. 2d 389

Snippet: stolen property" (378 So.2d at 119). See Section 812.028, Florida Statutes (1977), and State v. Dickinson

Marino v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-12-17

Citation: 392 So. 2d 36, 1980 Fla. App. LEXIS 17897

Snippet: for the first time on this appeal that section 812.028(3), Florida Statutes (1979), is unconstitutionally

State v. Dickinson

Court: Supreme Court of Florida | Date Filed: 1979-02-22

Citation: 370 So. 2d 762

Snippet: the trial court, which found Sections 812.012 to 812.028, Florida Statutes (1977), facially invalid under