The 2023 Florida Statutes (including Special Session C)
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. . . Thor's rectum and then failing to take Thor to a qualified advanced care clinic fits under section 828.12 . . .
. . . Following a jury trial, John Piccinini was convicted of two counts of animal cruelty pursuant to section 828.12 . . . Section 828.12(2), Florida Statutes (2015), provides: A person who intentionally commits an act to any . . .
. . . Section 828.12(2), Florida Statutes (2018), states that "[a] person who intentionally commits an act . . . See § 828.12(2), Fla. Stat. (2018) ; Hynes v. . . .
. . . Archer was charged by information with violating section 828.12, Florida Statutes (2017) ("Cruelty to . . .
. . . ..... the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12 . . .
. . . The defendant, Yonisley Garcia, was charged with aggravated animal cruelty in violation of sections 828.12 . . .
. . . . § 828.12(2), Fla. Stat. (2013). .§ 828.122(3)(h), Fla. Stat. (2013). . . . .
. . . Appellant, Donald Ray Kervin, challenges his conviction for felony animal cruelty in violation of section 828.12 . . . instruction was error because that instruction was revised to reflect the 2013 amendment to section 828.12 . . . Kervin was charged under section 828.12(2), Florida Statutes (2012), which read: A person who intentionally . . . or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, , § 828.12 . . . 488 Fed.App’x 421, 425 (2012) (stating that even if the jury convicted the defendant under section 828.12 . . .
. . . See §§ 828.12(1), .122(2)(a), Fla. Stat. (2011). . . . See §§ 828.12(1) (providing that an'offender is guilty of misdemeanor cruelty to animals when the offender . . .
. . . denying her motion for judgment of acquittal because a felony conviction for animal cruelty under section 828.12 . . . Section 828.12(2), Florida Statutes (2011), provided as follows: A person who intentionally commits an . . . Brown also contends that the 2013 amendment of section 828.12(2) reveals that the 2011 version of the . . . Here, the legislature has confirmed that the change to section 828.12(2) was meant to “specify[ ] that . . . Judge Altenbernd acknowledges that the version of section 828.12(2) in effect at the time Ms. . . . But I am very troubled by the application of section 828.12(2), Florida Statutes (2011), to the facts . . . At the time of this offense, section 828.12(2) was a felony that could be committed by “a person.” . . .
. . . This instruction was adopted in 2014. 29.13 AGGRAVATED ANIMAL CRUELTY [-FELONY] § 828.12(2), Fla. . . . Enhancement. § 828.12(2)(a), Fla. Stat. . . . definition for terms “Torture” or “Torment” when State seeks sentencing enhancements pursuant to § 828.12 . . . Lesser Included Offenses No ■ lesser -included-offenses-have-been identified-for-this-offensor Comment § 828.12 . . . Included Offenses No lesser included offenses have been id6ntified-for-this-offens67 ANIMAL CRUELTY — 828.12 . . .
. . . the second dog behind Comins’ back while Butler was present was unnecessary per Florida State Statute 828.12 . . .
. . . The 82-year-old appellant was convicted of violating section 828.12(2), Florida Statutes (2012), which . . . Reynolds is read in conjunction with the rule of lenity, for there to be a conviction under section 828.12 . . .
. . . offenses; . the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12 . . .
. . . ; (c) The child is before the court for disposition for a violation of s. 800.03, s. 806.081, or s. 828.12 . . .
. . . offenses; . the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12 . . .
. . . Lukaszewski appeals his conviction and sentence for felony cruelty to animals in violation of section 828.12 . . . To establish the elements of felony cruelty to animals under section 828.12(2), Florida Statutes (2011 . . . Section 828.12(2), provides that “[a] person who intentionally commits an act to any animal which results . . . Because section 828.12(2) is a general intent statute, it does not require intent to be cruel, but only . . . the alleged abuse was excessive or repeated infliction of pain or suffering in violation of section 828.12 . . .
. . . . § 828.12(2) provides that “a person who intentionally commits an act to any animal which results in . . . The Florida Supreme Court has held that animal cruelty under § 828.12(2) is a general intent crime, so . . . Horn with violating several criminal statutes, including § 828.12(2), and the jury found him guilty of . . . violating § 828.12(2). . . . (Cr.) 29.13 (§ 828.12(2), Fla. Stat.). Mr. . . .
. . . ; (c) The child is before the court for disposition for a violation of s. 800.03, s. 806.031, or s. 828.12 . . .
. . . suffering by failing to provide adequate food, water, or medical treatment in violation of section 828.12 . . . Morival is correct that section 828.12(1) makes it a misdemeanor to unnecessarily deprive a dog of necessary . . . Section 828.12(2) makes it a felony to “intentionally [commit] an act to any animal which results in . . . Compare § 828.12(2) with § 828.12(1). . . . Section 828.12(1) provides that [a] person who unnecessarily overloads, overdrives, torments, deprives . . .
. . . . § 828.12 which provides, inter alia, that it is a felony to intentionally deprive an animal of necessary . . .
. . . . § 828.12(2), Fla. Slat. (2007). . . .
. . . 784.021(1), Florida Statutes (2007), and of animal cruelty in the death of a dog in violation of section 828.12 . . . The first issue involves construction of section 828.12, Florida Statutes, which provides in relevant . . . third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both. § 828.12 . . .
. . . See § 828.12, Fla. . . . 29.13(b), we have included reference to the statutory provision that defines "animal cruelty," section 828.12 . . .
. . . The animal cruelty statute, section 828.12, Florida Statutes (2007) provides as follows: Cruelty to animals . . . Procedure 3.620, the trial court announced that the felony counts under sub-section two of section 828.12 . . .
. . . 1995 [657 So.2d 1152],-and 2007 [962 So.2d 310 ], and 2008. 29.13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12 . . .
. . . . § 828.12 (2002); Ga.Code Ann. § 16-12-4 (2000); Haw.Rev.Stat. § 711-1109 (2007); Idaho Code Ann. §§ . . .
. . . Driving_316.192_28.5 Comments This instruction was adopted in 2008. 29.13 ANIMAL CRUELTY [FELONY] {§ 828.12 . . . definition for terms “Torture” or “Torment” when State seeks sentencing enhancements pursuant to § 828.12 . . .
. . . The State charged Bartlett with felony cruelty to animals, in violation of section 828.12(2), Florida . . .
. . . Appellant, William Bartlett, was convicted of felony cruelty to animals, in violation of section 828.12 . . . Section 828.12(2) provides that: [a] person who intentionally commits an act to any animal which results . . . Section 828.12(2) criminalizes any “act” which results in the cruel death. . . . Section 828.12 applies to even the unintended consequence of a lawful act. . . . Under these circumstances, the hunter has violated section 828.12(2) by intentionally firing the shot . . .
. . . In Reynolds, section 828.12, Florida Statutes (1997), prohibiting cruelty to animals, was upheld against . . . Id. at 47 (quoting § 828.12(2), Fla. Stat. (1997)). . . .
. . . J.P. was charged with animal cruelty under section 828.12(2), Florida Statutes, which provides that, . . .
. . . stating that "we will not presently be able to sustain a prosecution for animal abuse under section 828.12 . . .
. . . We conclude that section 828.12(2), Florida Statutes (1997), prohibiting cruelty to animals, constitutes . . . BACKGROUND Petitioner, Ronald Reynolds, was convicted of felony animal cruelty pursuant to section 828.12 . . . The district court affirmed the conviction and held that (1) section 828.12(2) only required general . . . intent, and (2) the lack of a specific intent element in section 828.12(2) did not render the statute . . . See also § 828.12(2), Fla. Stat. (1997). . . .
. . . Bruce Aaroe was convicted by a jury, pursuant to section 828.12(2), Florida Statutes (1999), of felony . . .
. . . the ... excessive or repeated infliction of unnecessary pain or suffering” in violation of section 828.12 . . . He claims that (1) section 828.12(2) is facially unconstitutional because it does not include a specific . . . Section 828.12(2), Florida Statutes (1997), reads: (2) A person who intentionally commits an act to any . . . The fact that section 828.12(2), Florida Statutes (1997), requires only general, rather than specific . . . We hold that section 828.12(2) is not unconstitutional because it lacks a specific intent element. . . .
. . . See § 828.12, Fla. Stat.; Wilkerson v. State, 401 So.2d 1110 (Fla.1981); C.E. America, Inc. v. . . . . § 828.12, Fla. Stat. . § 828.13, Fla. Stat. . . .
. . . The State charged Simbach with cruelty to animals in violation of section 828.12(2), Florida Statutes . . . unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree.... § 828.12 . . . Simbach’s motion argued that Simbach cannot be convicted under section 828.12 because he did not intend . . . We agree with the trial court’s interpretation of section 828.12 as requiring a specific intent to cause . . .
. . . portion of the trial court’s adjudication of delinquency that determined B.S. had violated section 828.12 . . . impermissible because it will last beyond the five-year statutory maximum sentence for a violation of section 828.12 . . .
. . . .” §828.12. . . . clarification, Hialeah’s city attorney requested an opinion from the attorney general of Florida as to whether §828.12 . . . animals for purposes other than food consumption” was not a “necessary” killing and so was prohibited by §828.12 . . . Stat. §828.12 (1987). . . . Indeed, one of the few reported Florida cases decided under § 828.12 concludes that the use of live rabbits . . .
. . . ordinances were invalid, Plaintiffs would still be prohibited from performing ritual sacrifices under § 828.12 . . . Animal sacrifice also violates Florida Statutes § 828.12, which makes it a criminal violation for one . . . ritual killing of an animal does not constitute a “necessary” killing so as to make the prohibition in § 828.12 . . . While § 828.27 focuses on ordinances with a civil penalty, another section of that Chapter, § 828.12, . . . Section 828.12 was recently amended to include a provision making intentional torture of animals punishable . . .
. . . The arrest form stated that C.W. had been arrested for cruelty to animals in violation of section 828.12 . . . C.W. correctly asserts that the offense of cruelty to animals delineated in section 828.12 is a first-degree . . . However, Officer Riley’s citation to section 828.12 on the arrest form does not determine the validity . . .
. . . Respondent was convicted by a jury in the county court of cruelty to animals, a violation of section 828.12 . . .
. . . F.S. 828.12(1981) The relevant portions of the trial transcript, pg. 16-30, reveal that despite the persistent . . .
. . . ALDERMAN, Justice, concurring specialty- Because Wilkerson’s conduct was clearly proscribed by section 828.12 . . . This cause is before us to review a county court order upholding the constitutionality of section 828.12 . . . guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 828.12 . . .
. . . The final statute — Section 828.12, Florida Statutes— is the only one of the four still in force. . . . For its own reasons the state chose to charge the appellant under 828.07 rather than 828.12. . . . Whether dogs are covered by the presently applicable Section 828.12 is another question for another time . . .
. . . seeking to establish by that witness that appellants’ actions were in violation of F.S. 828.02 and F.S. 828.12 . . . appellee here, failed to establish by a preponderance of the evidence violation of F.S. 828.02 or F.S. 828.12 . . . This action was brought pursuant to § 828.12, Florida Statutes, which states as follows: “Whoever unnecessarily . . .
. . . and the testimony of the witnesses, the trial judge ruled that the performance would not violate St. 828.12 . . . St. 828.12, F.S.A., provides: “Whoever unnecessarily overloads, overdrives, tortures, torments, deprives . . .
. . . is contended by the appellee that such fighting is cruelty to animals and is condemned by Sections 828.12 . . . The section of the statute involved is Section 828.12, F.S.A. which reads as follows: “Whoever unnecessarily . . . Necessarily involved in connection with Section 828.12, F.S.A. is Section 828.02, F.S.A., which is as . . . Section 828.15, F.S.A. is as follows: “Nothing in §§ 828.12-828.14 shall be construed to apply to poultry . . .