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Florida Statute 876.02 | Lawyer Caselaw & Research
F.S. 876.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 876.02

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER
View Entire Chapter
F.S. 876.02
876.02 Criminal anarchy, Communism, and other specified doctrines; prohibitions.Any person who:
(1) By word of mouth or writing advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning existing forms of constitutional government by force or violence; of disobeying or sabotaging or hindering the carrying out of the laws, orders, or decrees of duly constituted civil, naval, or military authorities; or by the assassination of officials of the Government of the United States or of the state, or by any unlawful means or under the guidance of, or in collaboration with, officials, agents, or representatives of a foreign state or an international revolutionary party or group; or
(2) Prints, publishes, edits, issues, or knowingly circulates, sells, distributes, or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising, or teaching the doctrine that constitutional government should be overthrown by force, violence, or any unlawful means; or
(3) Openly, willfully and deliberately urges, advocates, or justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any official of the Government of the United States or of this state because of his or her official character, or any other crime, with intent to teach, spread, or advocate the propriety of the doctrines of criminal anarchy, criminal Communism, criminal Nazism, or criminal Fascism; or
(4) Organizes or helps to organize or becomes a member of any society, group, or assembly of persons formed to teach or advocate such doctrines; or
(5) Becomes a member of, associated with or promotes the interest of any criminal anarchistic, Communistic, Nazistic or Fascistic organization, or helps to organize or becomes a member of or affiliated with any subsidiary organization or associated group of persons who advocates, teaches, or advises the principles of criminal anarchy, criminal Communism, criminal Nazism or criminal Fascism;

shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.s. 2, ch. 20216, 1941; s. 1137, ch. 71-136; s. 1411, ch. 97-102.

F.S. 876.02 on Google Scholar

F.S. 876.02 on Casetext

Amendments to 876.02


Arrestable Offenses / Crimes under Fla. Stat. 876.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

S876.02 - SOVEREIGNTY - ADVOCATE CRIMINAL ANARCHY TREASON ETC - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

FEDERAL ELECTION COMMISSION, v. HALL- TYNER ELECTION CAMPAIGN COMMITTEE,, 678 F.2d 416 (2d Cir. 1982)

. . . . § 876.02(5) (1976); Mass.Ann. Laws ch. 264, §§ 16A, 17, 19 (Michie/Law. . . .

PENNSYLVANIA v. NELSON, 350 U.S. 497 (U.S. 1956)

. . . Stat., 1953, § 876.02: “Any person who— . . . (5) Becomes a member of, associated with or promotes the . . .

STATE FELDMAN, v. J. KELLY, STATE SHLAFROCK, v. J. KELLY, STATE MARKS, v. J. KELLY, STATE LIPPERT, v. J. KELLY, STATE SMOLIKOFF, a k a v. J. KELLY, STATE MARKS, v. J. KELLY, STATE BIRNBERG, v. J. KELLY, STATE GRAFF, v. J. KELLY, STATE CARROLL, v. J. KELLY, STATE SORKIN, v. J. KELLY, STATE H. D. PRENSKY, DDS, v. J. KELLY, STATE SHANTZEK, v. J. KELLY, STATE ROHINSKY, v. J. KELLY, STATE CARBONELL, v. J. KELLY,, 76 So. 2d 798 (Fla. 1954)

. . . . §§ 876.01, 876.02(4, S) and 876.03, F.S.A., in order to determine whether or not membership in the . . . The act in question, Section 876.02, F.S.A., as does the Smith Act, provides that if the evidence shows . . . Section 876.02(4) and (5), outlawing the Communist Party, contained no finding of fact by the legislature . . .

J. v. W. v. H. v. G. v., 17 B.T.A. 368 (B.T.A. 1929)

. . . would be equal to the amount of $400,000, the total sales of oil from that interest produced only $449,-876.02 . . .