What every student needs to know about the law and... ALCOHOL & TOBACCO
SEX
DUI DRIVIN’
DUMB STUFF
VIOLENCE IN SCHOOL
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NUMBERS YOU MIGHT NEED CONTENTS DUI............................... 4 Arrested? ..................... 5 Drivin’ .......................... 6 Alcohol & Tobacco .... 7 Violence in School...... 9 Dumb Stuff ................. 10 Sex................................ 12 The System.................. 13 Questions? .................. 14
IMPORTANT ESCAMBIA COUNTY PHONE NUMBERS (Unless otherwise noted, all area codes are 850.)
Counseling First Call for Help 595-5905 Lakeview Center 432-1222 Teen Line 433-8336 AIDS Services Escambia County AIDS Services 438-7468 Domestic Violence FAVOR House 434-1177 Crisis Line 434-6600 Runaway Shelter Lutheran Services (Safe Place) 453-2772 Family Services Manna Food Bank 432-2053 Alcoholics Anonymous (AA) 433-4191 Center for Independent Living 595-5566 Dropout Prevention Alternative Education 595-6085 100 Black Men 438-3877 PACE Center for Girls 478-7060
In appreciation: Thanks to the Escambia County Sheriff ’s Office help in updating this information.
This guide has been produced to provide educational material only and is not intended to offer legal advice. Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues in your case. Consult an attorney before making any decisions about legal matters. This is a legal advertisement for a Florida law office.
Eating Disorder Baptist Hospital 434-4011 Lakeview Center 432-1222 Healthy Start Coalition 474-5333 Children’s Home Society 494-5990 Homeless Issues Loaves and Fishes 438-7616 Salvation Army 432-1501 Waterfront Mission 436-7868 Rape Lakeview Center 432-1222 ext. 302 Rape Crisis Center 433-7273 Pregnancy Alpha Center 479-4391 Catholic Charities 436-6410 Children’s Home Society 494-5990 Health Department 595-6685 Pregancy Resource Center 479-7685 SAV-A-LIFE 439-2511 Woman’s Intervention Services and Education 433-9800 Miscellaneous/ Government Escambia County Sheriff ’s Office 436-9630 Pensacola Police Department 435-1845
IMPORTANT SANTA ROSA COUNTY PHONE NUMBERS (Unless otherwise noted, all area codes are 850.)
Counseling Avalon Center 623-9434 Rape Crisis/Trauma Recovery 433-7273 Substance Abuse Alcoholics Anonymous 24 hrs. 433-4191 Chemical Dependency Friary 932-9375 Domestic Violence FAVOR House 434-1177 Crisis Line 434-6600 Runaway Shelter Lutheran Services (Safe Place) 453-2772 Family Services Abuse Hotline 1-800-962-2873 Department of Children and Families 626-3100 Child Protection Team 623-3545 Services to Assist Families in Need 626-2054 Pregnancy Resource Center 983-2730 Healthy Start 626-6751 First Call 983-7200 Florida Missing Children Info 1-888-356-4774 Suicide Prevention 24 hrs. 438-1617 Teen Line 433-8336 Center for Independent Living 595-5566 Children’s Home Society 494-5975; 494-5590 Homeward Bound 494-5985; 494-5590 Children & Adults w/Attention Deficit Disorder 934-1178 Homeless Issues Salvation Army 623-4099 Waterfront Mission 623-3838 Challenged Developmental Services 444-8344 West Florida Community Care 983-5500 Baptist Stress Center 434-4866 Angry or Ungovernable Camp E-Ma-Chamee (Eckerd Youth Alternatives) 1-800-554-4357; 675-4512 Florida Sheriffs Youth Ranches 24 hrs. 1-800-765-3797; 386-842-5501 Miscellaneous/ Government Department of Juvenile Justice 626-3041 Santa Rosa County Sheriff ’s Office 983-1100 Milton Police Department 983-5420 Gulf Breeze Police Department 934-5121
Crimestoppers Line - 433-STOP (433-7867) | United Way Emergency Services number - 2-1-1 3
DUI You’re 16 and driving home from a house party at Pensacola Beach late on a hot summer afternoon. You drank a couple of margaritas earlier, but your last drink was two hours ago. You get stopped for running a red light, but the police officer detects alcohol on your breath. What could happen? Legally, a number of things could happen. In Florida, Same scenario, but you’re 18; what happens? you are considered legally drunk if your blood alcohol level is .08 percent or higher. Additionally, if you’re under the legal drinking age of 21, expect zero tolerance for drinking and driving. Zero tolerance means that drivers under the age of 21 with a blood alcohol level of .02 percent or more can have their license immediately suspended for six months (an administrative suspension with no arrest or court appearance; you may request an administrative hearing). It doesn’t take much to put you over the .02 percent limit, either. If you weigh less than 240 pounds, then any of the following will put you over the limit: one 12-ounce beer, 5 fluid ounces of wine (slightly more than half a cup) or one fluid ounce of liquor (a typical shot is 1.5 fluid ounces). If you’re lucky, after checking your license and interviewing you, the officer might realize that you’re not at all impaired, and ticket you for running the light. But if he suspects that you have been drinking, he might administer field sobriety tests. If the tests convince him that you’re unlikely to have a blood alcohol level of .08 percent, he then determines whether a zero tolerance violation has occurred. He will follow very strict procedures to make sure that the two breathalyzer tests he administers don’t give incorrectly high readings, and if both tests show a blood alcohol concentration of .02 percent or more, the probable scenario is that your driver’s license will be suspended immediately. If your blood alcohol level is .08 percent or higher, you will likely be taken to jail and booked for driving under the influence (DUI), fingerprinted and photographed. Because you’re under 18, your case will then be handled by the juvenile justice system (see page 14).
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Again, if you’re under 21 and your blood alcohol level is .02 percent or more, Florida’s zero tolerance law kicks in and your license will be immediately suspended for six months. Additionally, if your blood alcohol level is .08 percent or more, be-cause you’re 18 – legal adult age in Florida – you will be arrested for DUI and taken to jail. Your case will be handled in Florida’s adult justice system. Not only will you lose your license, on first conviction you will also be fined. With a blood alcohol level of .15 percent or higher – or if there’s a minor in the vehicle – you’ll be fined between $1,000 and $2,000. Currently, the mandatory minimum penalties for driving under the influence include fines and other costs, DUI school, substance abuse screening, 50 hours of community service and lengthy driver’s license suspensions. When lawyer fees, probation costs and other expenses are added in, a DUI could cost you up to $8,000. You can also expect your insurance rates to skyrocket. And after the first offense, penalties are much worse. Further, it is very easy to get a DUI in Florida. For example, if you are found asleep and drunk in your car with your keys in your hand, you can be charged with driving under the influence.
DESPITE THE LEGAL CONSEQUENCES, THE MOST SERIOUS DANGERS OF DRINKING AND DRIVING AT ANY AGE ARE INJURY TO SELF AND OTHERS.
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
WHAT NOT TO DO WHEN YOU GET ARRESTED Your parents taught you to be courteous, kind, cooperative and to treat people with respect. Even though an arrest can be confrontational, those principles don’t change. Our law enforcement personnel are there to ensure that peace prevails and that citizens are protected. Your arresting police officer or sheriff ’s deputy deserves your respect, and whether you are guilty or innocent, keeping a cool head can improve your outcome. That’s easy to say but sometimes hard to do. Here’s what you should not do: •
DON’T PANIC
Don’t resist arrest or run. You can be arrested for resisting arrest, and if you run, you’ll probably be caught. Don’t make things worse for yourself. •
•
DON’T SAY ANYTHING.
The arresting officer, who is convinced that you have done something illegal, will likely chat with you about it. Even if you are innocent, you could be led into saying something that makes you appear guilty. School officials and social workers can also ask you questions about the incident. Especially if you’ve been charged with a major offense, listen politely, but insist that you want your parents there before you talk about what happened. Your parents may want an attorney present. You have a right to be silent.
DON’T DISRESPECT THE COPS. •
If you mouth off, you may alienate the police officer. Remember, he has a lot of leeway in what he charges you with. Even if you are innocent and furious, do your best to remain calm, respectful and patient. If you are arrested, you will likely be taken to the police station or county jail to have your fingerprints and photo taken . You’ll be allowed to get something to drink if you’re thirsty or go to the bathroom. After you’ve been booked, you’ll be given the opportunity to make a phone call. You might want to call your lawyer if you have one; if not, call your parents, guardian, spouse or dependable relative or friend to get one for you. If you’re under 18, the officer might call your parents for you.
DON’T TRY
Don’t try to convince the officer that you are innocent. He wouldn’t have arrested you if he didn’t believe he had probable cause. It’s a judge’s job to free you if the officer made a mistake.
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
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DRIVIN’ Texting while driving.
Even though it’s illegal to drive without having your license with you, the officer will probably be more conTexting while driving is extremely dangerous and caus- cerned with whether you have a valid driver’s license. es 1.6 million traffic accidents per year. Additionally, He might ask you for your name and date of birth, look throughout the country 11 teenagers are killed every you up on his computer, and if the records show that day from a texting and driving related accident. you have a license, simply warn you that you should Texting while driving is not only unsafe, but it is illegal. carry it. He could, however, charge you with failure to As of July 1, 2019 Texting While Driving is a primary exhibit on demand, which is a non-moving infraction. offense, which means you can be pulled over by law He could write you an administrative ticket, and you’d enforcement and fined for texting and driving. For a have to pay a fine. Once you show proof of a valid lifirst offense, drivers will be fined $30 and no points will cense to the traffic division at the courthouse, the ticket be assessed to their driving record. For a second texting will be voided, and you’ll pay an administrative fee of and driving offense within 5 years, this will be con$10 instead of $116.00. Of course, all of this hassle can sidered a moving violation and carry a $60 fine and 3 be avoided if you carry your license when you drive. points on your driving record. Additionally, texting in a school zone carries with it an additional 2 points added You are 17 years old with a valid driver’s license. You to the primary offense and worse yet, if you are texting have planned a fishing trip with your friends and that results in a crash, you will have an additional 6 want to be on the road by 4 a.m. Is there a problem? points added to your driving record. Also, if an accident were to occur where someone Florida law says that if you are 17 years old with a was hurt or killed, it could lead to careless or reckless driver’s license, you can only drive between 5 a.m. and driving charges which is a crime and you could face jail 1 a.m. unless you are accompanied by a licensed driver time and fines. The cell phone records can be obtained who is at least 21 years old and occupies the front and used in any trial to show texting was a contributing passenger seat. The one exception is if you are traveling factor in the accident. to or from work. Unless one of your fishing partners is 21, you could be charged with a moving violation, You are 17 and driving to school when you get pulled which requires that you pay a fine of $86.50. For over. Unfortunately, you left your driver’s license 16-year-olds, the permitted time is between 6 a.m. and at home. Can you face charges for not having your 11 p.m. driver’s license with you? You’re 18 years old with a valid driver’s license. You
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take your 4x4 mudding. Can you be charged with a crime? For those who aren’t familiar with the term “mudding,” it is driving in the mud - usually a big, muddy area like a construction site. If the property is posted for trespassing, you could be arrested for trespass and criminal mischief. Both violations are second-degree misdemeanors. You are at a 15-year-old friend’s house white his parents are away. Your friend can’t drive, but you are 16 and have your license. The two of you want to go cruise the beach, so you borrow his dad’s car. Your friend’s parents come home early and discover the missing car. What could happen? The consequences here could range from a scolding by his father to far more serious charges. If his father is really angry, or if his father decides he wants to teach someone a lesson, he could press charges against you for grand theft auto, which is a felo ny. A conviction could result in juvenile commitment for more than a year . Two friends, a car, a quiet street with a mailbox at the end of each driveway- it’s time for a little batting practice! You manage to score a couple of base hits on a half dozen of the neighborhood mailboxes. It’s no big deal. Right? Wrong! Actually, you and your friend can be charged with as many counts of criminal mischief as the number of mailboxes that are damaged. Criminal mischief is a misdemeanor unless the damage exceeds $1,000, and then it’s a felony. A mailbox might not normally be worth that much, but consider how quickly the price escalates if you accidentally damage the paint job of a parked car. You’re 18 years old. It’s the last day of school, and summer vacation is calling your name. You and your best friend hop into the car and hit the road. In a
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
moment of exuberance you swerve back and forth in your lane, but when your tires lose traction a simple swerve becomes a spinout. While you’re trying to regain control of your car, you cause another driver to run off the road into a ditch. The police show up soon afterward. What charges do you face?
safety and the safety of your passengers, but you’re endangering the lives of pedestrians, bicyclists and people in other cars, as well as threatening to destroy property. If anyone is hurt in the accident, you can expect a lawsuit, which will affect your automobile insurance at the very least. If you have an accident and someone is killed, you can be charged with vehicular manslaughter, Assuming you have a valid license and insurance, you depending on the degree of negligence. It’s a felony of can be cited for reckless driving. This is a second degree the second degree, and it could bring a lengthy prison misdemeanor and you might be arrested. If convicted, sentence - your life, as you know it, will be over. You’re stopped at a red light in Gulf Breeze late one you can spend up to 90 days in jail or pay a $500 fine. You don’t have to cause an accident to be charged with night and the traffic is light. Somebody pulls up beside you in a sports car and signals that he wants to drag race reckless driving. Weaving in and out of cars, speeding, when the light changes. You accept the challenge and get or otherwise wantonly driving can bring this charge pulled over by the police. What can happen? against you. You’re disregarding not only your own
The officer may immediately arrest you and take you into custody. The court may impound your car. If you’re convicted, it’s a second degree misdemeanor. You may spend up to 60 days in jail and pay a fine up to $500 (and no less than $250), and your driver’s license will be revoked for a year. The same penalties apply if you are already in motion and race to outdistance another vehicle, to prevent another vehicle from passing, or to arrive at a given destination ahead of another vehicle.
ALCOHOL & TOBACCO You’re 19, and your parents are out of town for the weekend. Party time! Your friends range in age from 18 to 24, so it’s not hard to get plenty of beer. Things are getting loud when the cops show up. What can you expect? If you possess alcohol and you are under 21, you can be charged with a second-degree misdemeanor for a first offense. If you’ve been found guilty of this charge before, then the charge is a first-degree misdemeanor. Either way, your driver’s license will be suspended for six months to a year for a first violation, two years for a subsequent violation. If you are 21 or older and found guilty of supplying a minor with alcohol, you are guilty of a second-degree misdemeanor. And you might be surprised to learn that your parents could possibly be charged with a second-degree misdemeanor for allowing a house party to occur. The penalty for a second-degree misdemeanor is a fine up to $500 and up to 60 days in jail. A common misconception is that what you do on your own property is your own business. While in many ways that’s true, the Florida statutes on under-
age drinking apply even on private property.
You were at a party last night and you drove some friends home. You’re not into drugs, but a couple of the guys you gave a ride to smoke pot, and one of them apparently left a pipe in your car. There’s no marijuana in it. Can you get in trouble for having it, even if you’re just trying to figure out who to give it back to?
Your friend can be charged with furnishing tobacco products to someone underage, which is a misdemeanor of the second degree, punishable by imprisonment not to exceed 60 days and up to a $500 fine. You can be charged with possession, a non-criminal violation. You might be punished with 16 hours of community service or a $25 fine. In addition, you might also have to attend a school-approved anti-tobacco program. Your driver’s license can also be suspended.
Everybody knows it’s against the law to have illegal drugs, but you might not realize that being in possession of paraphernalia is illegal as well. The smallest amount of residue from marijuana in the pipe is enough to get you a misdemeanor charge of the first degree.
You are 17, and an 18-year-old friend buys cigarettes for you. What can happen if you get caught?
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
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VIOLENCE IN SCHOOL one-year minimum expulsion consequences may apply. Fight, fight, fight. Movies often depict school yard violence as a normal part of being a teenager. Tensions often run high on school campus and disagreements and • Feeling alone and misunderstood. misunderstandings can quickly become violent. What • Victimized by bullies. happens if a student physically attacks another student • Living in a home where there is a lot and it gets out of hand resulting in severe bodily harm? of anger and/or violence. Gone are the days where such actions simply amounted to time in detention or a few days of suspension. Law • Suffering from depression or other enforcement is usually called in and those engaging in mental illnesses. the violence may end up in jail. If battery charges are brought, a student could end up having a felony charge against them. This mark on their record could potentially stay with them for the rest of their lives, impacting This is a partial list of characteristics of those who their ability to get a job or housing in the future. have committed some of the worst acts of school violence in our time. It’s understandable how these When students feel victimized, sad, and/or alone, feelings and experiences could lead to extreme anger joining a gang can provide a sense of belonging. But toward others. But did committing crimes make many gangs are engaged in violent criminal activities these issues go away? No, in fact, using violence as and regardless of whether a student participates in the an outlet for these young people only created more violence with their own hands, they could be guilty problems for them. Choosing to commit acts of school by association. According to Florida law, if a gang violence can have severe long-term consequences member “intentionally causes, encourages, solicits, for students; let’s take a look at a few examples. or recruits another person to become a criminal gang member where a condition of membership or To start out with, even having a weapon on campus will continued membership is the commission of any lead to punishment. According to the Gun-Free Schools crime” they can be charged with a felony. Additionally, Act, students who bring a firearm to school will be if the recruiter is 18 years or older, any acts committed expelled for a minimum of one year and may be referred on behalf of the gang lead to enhanced punishment. to the criminal or juvenile justice system. Almost half of all students who enter the juvenile system will end Starting adult life with such a huge criminal burden can up in prison as adults. Spontaneously acting on anger easily be avoided. There are many school-sponsored and choosing to bring a weapon on campus will have sports, clubs, and groups at school that cater to the widest detrimental consequences for years even decades. range of interests. Finding friends who share common interests can seem daunting, but it is possible with a little Some students are carrying so much pain inside that effort. Choosing this course instead of the latter, can they want to get the attention of those around them mean the difference between a life spent in and out of jail through threats of violence. This is not a good idea. or one filled with positive opportunities and experiences. In fact, zero-tolerance laws state that if a student even threatens violence against anyone at school, on school transportation, or at a school-sponsored event, the same Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
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DUMB STUFF You and some friends rolled another friend’s ment officer or any state or local agency was called in, you or your parents might be required to pay any costs house as a prank. What charges could you and damages caused by the false report. face? Rolling or toilet papering a house or yard is a common prank for teenagers, but it should not be taken lightly. Legally, the best case is that the police officers would make you clean up the mess and then alert your parents and the owners of the house. The worst case would be a criminal mischief charge. If the damage is under $200, it would be considered a second degree misdemeanor. If the damage was more than $1,000, it could become a third degree felony! Of course, if any property is damaged, then you and your parents are liable for damages, but that would be a matter for civil court. The most serious dangers in this situation are not legal repercussions. Serious harm can occur if an overzealous or fearful person in the house accosts you with a gun or if some other potentially violent situation develops. Another significant risk is accidental injury. In the chaos that can occur if you and your friends are discovered, there is always a chance that someone could trip over a garden fence or run into a clothesline, resulting in broken bones or other serious injury.
You didn’t study for your algebra test, and your parents are going to hit the ceiling if you get another bad grade. Normally you wouldn’t consider something like this, but calling in a bomb threat is looking mighty appealing right now. An extra day to study would save your skin. Other kids do this kind of thing all the time, right? What’s the worst that could happen? In these days of terrorist attacks, a bomb threat is a serious matter. If you are convicted, you’ve committed a second degree felony. In addition to the penalties provided for second-degree felonies, if any law enforce-
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You’re with some friends in a neighborhood park and get involved in a fight with some other kids. No weapons are involved, but several of you are bleeding and hurt. A neighbor calls the police. What charges can be filed?
of your friends do. She flirts with your boyfriends and always wants to be the center of attention. So you make sure everyone on Instagram, Facebook and other social media know it! Now her parents are accusing you of bullying and your parents are worried you could be in a lot of trouble. What can happen?
All school districts in Florida have policies in place that prohibit and punish cyber-bullying. The definition of You and the others can be charged with an affray, which cyber-bullying is very broad and includes things like is being involved in a fight in a public place. As long as unwanted teasing, threats, intimidation, public humilit’s a first offense, then it will probably be treated as a iation, and harassment based on race, sexual orientamisdemeanor. The charge could be a felony, however, if tion, or religion. Posts on social media or even mass any weapons were used, if anyone is seriously hurt or if text messages can qualify as cyber-bullying. Depending it’s not your first offense. on all of the circumstances, penalties can include suspension or expulsion from school.
My girlfriend and I are really close and we share everything – including photos we wouldn’t want our moms to see. For a laugh, I’ve texted and Snapchatted nude photos of myself to her phone. She thought it was hilarious, but her mom found them and she called the police. Could I be in trouble? There are consequences for both sending and receiving explicit photos and videos. As a juvenile, you will face a $60 fine or 8 hours of community service. A second violation is a first-degree misdemeanor and a third is a third-degree felony which could lead to 5 years in prison and $5,000 fine. If the photo or video shows inappropriate conduct, more than nudity, sending or possessing the photo or video is a third-degree felony. If you are found guilty and you are over 18, you could face up to 5 years in prison and would have to register as a sex offender.
There’s a girl at school you don’t like – none
You’re in high school and your boyfriend/ girlfriend cheats on you. As a way to get revenge, you log-on to Facebook, create a page in his/her name, and post some inappropriate photos he/she had texted you when you were dating. Problem? Yes, it certainly is. On top of causing this person a great deal on embarrassment or shame, it is a first degree misdemeanor to post an explicit photo to a website without the person’s permission. This means you could face up to a year in jail and $1,000 fine. A second offense is a third-degree felony which could mean up to 5 years in prison and $5,000 fine.
You and a friend shoplift a few CDs from a store in the mall. You’re both under 18. What could happen? If the store decides not to press charges, then your
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
parents would probably be notified, but no legal action would follow. If the store does press charges – and many stores do no matter what the value of the stolen merchandise – then you and your friend would probably be charged with retail theft, which would be a misdemeanor if the value of stolen goods was under $300. If the value is $300 or more, then the charge is a third degree felony. For a misdemeanor retail theft charge, you both would probably be sent into a mentor program, which would require counseling and 20 to 40 hours of community service each, such as picking up trash on the roadside. For a felony charge, jail time is a possibility, but not likely. Your sentence would probably include probation and community service.
However, sometimes it’s easy to reason that taking rival team’s property – Pouring glue in a teacher’s desk smaller, less valuable items won’t be as serious. – Etching profanities on the wall of the bathroom stall Plus, most teens believe they won’t get caught. Petty theft is the term used to refer to stealing items under $300 in value. In Florida, being charged as an adult, carries a penalty of up to 60 days in jail and possible driver’s license suspension for up to six months. When it comes to minors, the judge has more options as to what type of punishment will be handed out, and it can involve everything from community service to probation to confinement in a juvenile penitentiary.
Are these simply examples of harmless acts or do these qualify as crimes?
According to the laws in Florida, they qualify as the latter. When a person “willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto,” they have committed criminal mischief. Such acts carry various convictions depending on the cost of What happens if the petty theft takes place damages incurred and what property is damaged. They at school? range from misdemeanors of the second degree all the You don’t really think of a pocket knife as a way up to felonies of the third degree. Punishment can weapon, so you didn’t think it was a big deal Florida’s zero-tolerance policy states that even though range from fines and community service to jail time when you forgot to take it out of your jacket law enforcement will not be called for the theft of items and will vary based on local ordinances, the opinion under $300, the behavior will be noted on the student’s of the court, and whether the perpetrator is a minor. pocket before going to school. now you’re record and will lead to in-school discipline as outlined at school with a knife in your pocket. What in the student handbook. Consequences may include Graffiti can seem like a victimless crime. But the costs of should you do? restitution and in-school suspension for first offenses clean-up and the disruption to the lives of those whose with possible removal from school for additional offenses. property was defaced can end up being quite expensive. If you possess a weapon of any kind on school property, Florida law allows fines in be tacked on in these cases, including any knife, you can be charged with a felony Teens are sometimes drawn to steal for the thrill of it and and if the criminal is a minor, the minor’s parents will and expelled from school. If you discover a weapon might shoplift to get that bump of adrenaline. They may be required to pay up. Fines start at a minimum of $250 that’s been placed on your person or in your book bag reason that it is not really hurting anyone. Furthermore, for a first conviction and go up from there. Additionally, by accident, contact a teacher, dean or school resource those who shoplift say the thrill becomes addictive and the few minutes spent spray-painting a wall may end up officer immediately and turn in the weapon. they continue doing so to feel that rush. If charged a equaling over 100 hours of community service removing second time, an adult will automatically be sentenced to graffiti in the community. That is a lot of weekends that You and your friends “found” a street sign a year in jail, with the suspension of their license for a could be spent having fun with friends and/or family. that happened to be a little loose. Deciding year. Imagine sitting out on your entire 18th year of life Minors who have a driver’s license could have it revoked in a jail cell while all your friends are celebrating their for up to a year and if they don’t have one yet, the it would be a sweet addition to your future graduation, going to parties, having a good time, playing courts could require that their license be held back for college dorm room, you swipe it. Problem? sport, etc. Minors will also receive steeper sentencing up to a year from when they become eligible for one. on their second conviction. Is it really worth it? Would it be more serious if it were a stop sign instead Acts of vandalism committed while on school property of a street sign? If the sign is worth more than $100 and These examples all entail taking something that is or while engaging in school-sanctioned events carry less than $300, you could be charged with petit theft, a valued at less than $300 without permission and, additional consequences. Damage costing more first degree misdemeanor, and fined up to $1,000, imaccording the Florida law, “deprive the other person than $1000 (including time and labor) is classified prisoned up to one year, or both. If it’s worth more than of a right to the property or a benefit from the as vandalism according the Florida Department of $300 but less than $5,000, it’s a third degree felony – up property.” The definition points to what petty theft Education and will warrant various disciplinary actions to five years, up to $5,000, or both. is not: taking someone’s property as a joke or as a based on the individual school district policies. They way to keep it from being damaged, for example. can range from restitution to removal from school.
What if you stole a stop sign?
If you steal a stop sign and it results in an accident, causing death, you could be charged with manslaughter, a second-degree felony. Even if there were no such ramifications, you could be charged with a felony of the third degree punishable by a term of imprisonment not exceeding five years and be fined up to $5,000.
While the legal consequences for petty theft might not be as extreme as other wrongdoing, it is important to note that it can be considered a gateway crime to more serious offenses. Studies show that serial criminals often started out young committing more minor crimes like petty theft. Choosing to avoid any form of stealing now can ultimately be the decision that keeps teens out of prison as adults.
Petty Theft
Vandalism
Stealing is wrong, most teenagers know this fact. Spray painting a school building – Egging or TPing a
Here are some other examples of petty theft: • Watching someone drop a $100 bill, picking it up, and keeping it • Stealing sunglasses out of someone’s car • Pickpocketing • Using someone’s online account to make a purchase without their permission 11
nence and the like. But what you might be a crime. Touching not realize is that in Florida, if you are tal area, buttocks or underage and engaging in consensual covering them is con sexual activity, you might be committing lascivious molestation a crime – in some cases a very serious is under 16. If you are crime. And the law doesn’t care whether third-degree felony. thought other was 18, riend is 15 and I am 16. Is it you against thethe law for person us to have sex You don’t have to b even if the other person to you. when Ja I XWTQKM WNÅKMZ \W J eral lied categories dealing with sex been inun- civious battery, a second-degree felony. of these crimes. Your g Florida law says that you are commitIt doesn’t even have to be what you crimes, and when you mix and match ut sexually ting a crime if you engage in sexual ac- could press charges a sex, absti- would normally think of as sex for it to them, different charges apply. AdditionThe laws regardin tivity with a personally, under 16.are So different if you penalties there for sexa Icrime. the breasts, genit you might is be My girlfriend 15 and am 16. Is Touching it against can be confusing, but are 16 and your girlfriend is 15, and you law for us total have area, sex? buttocks or even the clothing ual activity that involves penetration, a, ifthe you are have consensual sex – even iforit’s oral planation: lascivious covering them is considered andchartsand consensual The information inlewd the following has beenlewd simplified somewhat (for instance,conduct, there are separatewhich penalties if By now you’ve probably been inundated with inforFlorida law breaks sex – then you are guilty of lewd or lasthe offenders are related or if coercion isinvolves involved), but this should give you a basic idea of what the penalties are mation about sexually transmitted diseases, safe sex, touching the breasts, buttocks lascivious molestation if your girlfriend committing abstinence and the like. But what you might not realize for consensual sexual contact among minors in Florida: is are under If youin are under 18, that’s a or genital areas. eryis that serious in Florida, if you underage16. and engaging sexual activity, you might be committing information in the following third-degree felony. areconsensual whether ChargesThe for sexual activity a crime – in some cases a very serious crime. And the don’t have to be caught in the act KPIZ\[ PI[ JMMV [QUXTQÅML [WUM_PI\ on lawwas doesn’t18, care whetherYou you thought the other person with minors was 18, even if the other person lied to you. Florida (for instance, there are separate Ja I XWTQKM WNÅKMZ \W JM KPIZOML _Q\P WVM to you. law says that you are committing a crime if you engage Youngerpenalthan Partner’s age: 16 – 17 12 15 sexual activity with under 16. So if you are or if coofa person these crimes. Your girlfriend’s parents ties if the offenders are related12 areincommitYour age 16 and your girlfriend is 15, and you have consensual ercion is involved), but this should give could press charges against you. n sexual acsex – even if it’s oral sex – then you are guilty of lewd or nd st Felony, 2 degree Felony, 1 degree Capital felony 24 or older My girlfriend is 15 and I am 16. Is it against the law for us to have sex lascivious battery, a second-degree felony. regarding sex and minors you a basic idea of what the penalties are The laws 16. So if you eral categories when dealing with sex By now you’ve probably been inun- civious battery, a second-degree felony. st Felony, 1 mix degree felony 18 – 23 crimes, and when you and match Capital It doesn’t even have to be what you dated information sexually Felony, 1st degree for consensual sexual contact among mibe with confusing, but here’s a basic ex15,Itand doesn’t you even have can to be whatyou would normallyabout transmitted diseases, safe sex, absti- would normally think of as sex for it to them, different charges apply. Additionsex for it to be anence crime.and Touching ally,Florida: thereFelony, are different for sex- Life felony geni- in the like.the Butbreasts, what you might be a crime. Touching the breasts, nors planation: n if think it’sof asoral none 2ndpenalties degree 16 – 17 genital area, buttocks or even clothing covering not the realize is that in Florida, if you are tal area, buttocks or even the clothing ual activity that involves penetration, themor is considered and lascivious molestation if consensual law breaks the covering ages them intois considered sev- lewd and and lewd or lasciviousndconduct, which underage and engaging in lewd las- lewdFlorida none involves touching Felony,the2 breasts, degree 13-15 buttocks Life felony molestation if your girlfriend you18, might beacommitting lascivious your girlfriend is under 16.sexual If youactivity, are under that’s
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ting a crime if you engage in sexual activity with a person under 16. So if you are 16 and your girlfriend is 15, and you but here’s a basic explanation: have consensual sex – even if it’s oral sex – then you are guilty of lewd or las-
or genital areas. The information in the following KPIZ\[ PI[ JMMV [QUXTQÅML [WUM_PI\ (for instance, there are separate penalties if the offenders are related or if coercion is involved), but this should give you a basic idea of what the penalties are for consensual sexual contact among minors in Florida: A special advertising supplement to the Pensacola News Journal
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Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A.
THE SYSTEM What’s the difference between juvenile crime and adult crime? Age 18 is the dividing line between juveniles and adults in Florida. If you’re under 18 and you get arrested, you enter the juvenile justice system, which is very different from the adult system. If you’re 18 or older, you are charged as an adult. The only time that this rule doesn’t hold true is in the case of some serious, usually violent crimes. In such cases, the state can choose to try you as an adult even if you are under 18.
Penalties for 18 and older Although there are many exceptions and special cases spelled out in the Florida statutes, the following guidelines can give you an idea about the potential consequences to many of the crimes discussed in this publication. An adult who has been convicted of a felony other than a capital felony or a life felony might be punished as follows: A Capital Felony is punishable by death or life imprisonment without the eligibility for parole. A Life Felony is punishable by a term of life imprisonment and by a fine not to exceed $15,000. A First Degree Felony is punishable by a term of imprisonment not to exceed 30 years and by a fine not to exceed $10,000. A Second Degree Felony is punishable by a term of imprisonment not to exceed 15 years and by a fine not to exceed $10,000. A Third Degree Felony is punishable by a term of imprisonment not to exceed 15 years and by a fine not to exceed $5,000. A person who has been convicted of a designated misdemeanor may be sentenced as follows: • For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding one year and a fine up to $1,000. • For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days
and a fine up to $500. A person who has been convicted of a non-criminal violation cannot be sentenced to a term of imprisonment. The penalty for such an infraction generally includes a fine up to $500, forfeiture or other civil penalty.
The juvenile justice system If you’re under 18 and you get busted, you’ll likely enter the juvenile justice system. This system includes the Department of Juvenile Justice, the Department of Children and Families, the state attorney’s office, the public defender’s office and the juvenile division of the circuit court. The mission of the juvenile justice system is not only to protect the public from juvenile offenders, but to try to rehabilitate juvenile offenders. That’s one reason that the juvenile system has a lot more flexibility than the adult system in handing out penalties.
Juvenile court This special branch of the circuit court hears cases in which minors are believed to have violated the law or when they need help because of family or personal problems. Some examples of the latter are cases when a minor is deemed to lack proper and effective parental control, is abused by parents or guardians or has no suitable place to live.
Juvenile detention Juvenile detention is where you may be held temporarily if you are a minor who has committed a crime and are awaiting action by the juvenile court, or if you have violated an order of the court. You can also be held in juvenile detention after the court makes a judgment in your case if you are committed to a residential program. When you arrive at juvenile detention, the intake screener must immediately investigate why you are there. A risk assessment and the severity of your case will determine whether you are detained, released to
your parents or guardians (which may include home detention) or released to a family-services organization. Whether you are released or detained, you and your parents will meet with a probation officer to discuss the possible alternatives for your case. After the meeting, the probation officer might recommend to the state
attorney that no further action be taken, that your case should be referred for non-judicial handling or that a delinquency petition be filed. The state attorney doesn’t have to follow the probation officer’s recommendation. He can take any of the actions above, or he can transfer your case to adult court. Teen Court:
For first time misdemeanor and traffic offenders, Teen Court is a non-judicial option to expunge the charges from a teenager’s record. Teen Court is a peer court in which fellow high schoolers act as attorneys and prior Teen Court defendants make up a jury of peers. After hearing the testimony of the defendant, jury members work together to decide on sanctions, which can include community service hours, essays, and participation in the Teen Court jury. In order to participate, an admission of guilt is required and participants must follow through on all imposed sanctions in order
to have their offense removed from their record. This program is available up until the age of eighteen and court is in session every Tuesday. Many past participants describe Teen Court as their “second chance,” and urge their fellow jury members not to waste it. By: Bailey Bouk, GBHS
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
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FAQ s What is a non-judicial case?
to your probation officer and provide proof that you have paid fines, performed restitution or completed any community service assigned by the court. You If your case is handled non-judicially, then you will be must also abide by a curfew set by the court (unless referred back to the Department of Juvenile Justice, your parents set an earlier curfew).If you are sentenced where you might be minimally supervised while you complete sanctions. You might be able to expunge your to alternative services, you might be required to pay restitution, complete a certain number of hours of comjuvenile record if your case is handled non-judicially. munity service, submit to random drug tests and write One non-judicial option is Teen Court, which is a “peer letters of apology. court” for first time misdemeanor, traffic offenders and school infractions that could result in a misdemeanor Do I have to answer questions by police? charge. Teen court requires the person to waive the right to a speedy trial, an admission of guilt and a com- When officers have a reasonable belief that someone mitment to abide by the sanctions imposed by the Teen has committed, is committing or is about to commit a Court. You will be subjected to a volunteer jury of your violation of the criminal law or ordinance, the officer peers who will hear your case and decide on a sentence may temporarily detain the person to look into their that will probably include community service. Your identity and the situation. You must tell them your Teen sentence can also include community service name, address and date of birth. Aside from that, you projects, apology letters to victims, research projects/ have the right to remain silent. essays, restitution, educational classes, jail tours, court observations, civic activities and a curfew. What if I refuse to answer questions?
What is a judicial case? If you plead guilty or are found guilty at trial, the juvenile court can decide on any of three dispositions for your case: commitment, probation or alternative services. If you are in a high or maximum risk program, the juvenile court can retain jurisdiction over your case until you reach age 21. If you are committed, the program you are committed to depends on your prior record and the court’s determination of your risk to re-offend. Commitment programs are categorized as minimum-risk nonresidential, nonsecure residential, high-risk residential and maximum-risk residential. If you are placed on probation, you must follow rules and conditions set by the court. You might be restricted on where you can go, who you can associate with, what activities you can participate in and where you must reside. You will be assigned a probation officer who might be authorized to test you for alcohol or drugs. You will have to report
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There’s nothing they can lawfully do other than advise you of your Miranda rights. You don’t have to make any statement unless your attorney is present.
cers, must attempt to locate your parents, guardian or legal custodian if you’re under the age of 18.
Do I have to take a blood alcohol content or breathalyzer test? No, but refusal to submit to testing (first offense) results in a driver’s license suspension of 12 months, 18 months for a second offense. Drivers under the age of 21 with a blood alcohol level of .02 percent or more will have their license suspended immediately for six months, or one year if they have a previous conviction for a DUI.
I’m only 17. Can I be treated as an adult and be sent to prison? In Florida, if you commit certain serious crimes, such as aggravated assault, even if you are 17 or younger, you may be treated by the judicial system as an adult and punished as an adult.
I graduated from high school. Can I drop by my old high school and visit friends?
Can my answers be used against me in court Former students cannot return to campus to “visit” or see friends. Unless you have a specific appointif I have not been read my rights? ment with school staff you are trespassing and can be Your attorney may request that the court suppress any statements you may have made if you are in custody and have been subject to interrogation by law enforcement, but have not been read your rights. That does not mean you are off the hook; there may be other reasons why your statement is allowed to be used against you in court.
I’m 17 years old. Can I call my parents?
charged.
What is a felony? A serious crime. If you are under 18, conviction of a felony can result in juvenile commitment for more than one year. In Florida, the term “felony” means any criminal offense that is punishable by death or imprisonment in a state penitentiary.
What is a misdemeanor?
Law-enforcement personnel, including resource offi-
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
A crime more serious than infraction and less serious than a felony. Confinement is less than a year. The term “misdemeanor” means any criminal offense that is punishable by a term of imprisonment in a county correctional facility – except an extended term – not in excess of one year.
What is an infraction (non-criminal violation)? The least serious law violation. An infraction can result in your loss of liberty or a fine. (For instance, a traffic ticket might mean you will have to pay a fine or attend traffic school.) The term “non-criminal violation” means any offense that is punishable by no other penalty than a fine, forfeiture or other civil penalty.
When should I call an attorney? Call an attorney if for any reason you think that you have or may appear to have committed a serious misdemeanor or a felony.
What is 10-20-Life? Florida law says that 16 and 17-year-olds who have a gun when they commit certain crimes get a mandatory 10-year sentence in adult prison if they had an adjudication (or adjudication withheld) for a violent felony or gun crime or were previously in a juvenile residential commitment program. Those crimes are serious felony offenses, including murder, sexual battery, aggravated battery, kidnapping, home invasion robbery, carjacking, robbery, burglary, arson, drug trafficking, aggravated child abuse, aggravated abuse of the elderly or disabled, aggravated stalking, aircraft piracy, and unlawful throwing, placing or discharging a destructive device or bomb. If the offender pulls the trigger, it’s a mandatory 20 years in adult prison, and if he causes great bodily harm to someone whether the victim lives or dies, it’s a mandatory 25 years to life in adult prison.
Every case is unique. Outcomes & fines may vary depending on the facts, jurisdiction, and legal issues.
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