Florida Statute 812.028 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 812.028

Annotations, Discussions, Cases:

Cases Citing Statute 812.028

Total Results: 12

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

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

Cruz v. State

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

Supreme Court of Florida | Filed: Mar 7, 1985 | Docket: 251984

Cited 73 times | Published

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

State v. Dickinson

370 So. 2d 762

Supreme Court of Florida | Filed: Feb 22, 1979 | Docket: 1387186

Cited 18 times | Published

statutes. The trial court also invalidated Section 812.028 on another basis, finding that it "gives the

Herrera v. State

594 So. 2d 275, 1992 WL 18565

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1452570

Cited 15 times | Published

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

Vermette v. Ludwig

707 So. 2d 742, 1997 WL 777926

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1260097

Cited 11 times | Published

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

State v. Rios

409 So. 2d 241

District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 526210

Cited 10 times | Published

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

State v. Skinner

397 So. 2d 389

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 1344407

Cited 2 times | Published

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

Capaldo v. State

679 So. 2d 717, 1996 WL 336050

Supreme Court of Florida | Filed: Jun 20, 1996 | Docket: 1215021

Cited 1 times | Published

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

Padilla v. State

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

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64795941

Published

Stat. (1995) (dealing in stolen property). Section 812.028, Florida Statutes (1995), precludes certain

Lamar v. Keesee

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

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629607

Published

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

State v. Wynn

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

District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 64598072

Published

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

Marino v. State

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

District Court of Appeal of Florida | Filed: Dec 17, 1980 | Docket: 64579506

Published

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