Florida Statutes 843.167 – Unlawful use of police communications; enhanced penalties
Current as of: 2024 | Check for updates
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(1) A person may not:
For details, see Fla. Stat. § 775.082(3)(b), Fla. Stat. § 775.082(3)(d), Fla. Stat. § 775.082(3)(e), Fla. Stat. § 775.082(4)(b) and Fla. Stat. § 775.082(4)(a)
(a) Intercept any police radio communication by use of a scanner or any other means for the purpose of using that communication to assist in committing a crime or to escape from or avoid detection, arrest, trial, conviction, or punishment in connection with the commission of such crime.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | up to 30 years | up to $10,000 |
| Felony of the second degree | up to 15 years | up to $10,000 |
| Felony of the third degree | up to 5 years | up to $5,000 |
| misdemeanor of the second degree | up to 60 days | up to $500 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 843.167
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Divulge the existence, contents, substance, purport, effect, or meaning of a police radio communication to any person he or she knows to be a suspect in the commission of a crime with the intent that the suspect may escape from or avoid detention, arrest, trial, conviction, or punishment.
(2) Any person who is charged with a crime and who, during the time such crime was committed, possessed or used a police scanner or similar device capable of receiving police radio transmissions is presumed to have violated paragraph (1)(a).
(3) The penalty for a crime that is committed by a person who violates paragraph (1)(a) shall be enhanced as follows:
(a) A misdemeanor of the second degree shall be punished as if it were a misdemeanor of the first degree.
(b) A misdemeanor of the first degree shall be punished as if it were a felony of the third degree.
(c) A felony of the third degree shall be punished as if it were a felony of the second degree.
(d) A felony of the second degree shall be punished as if it were a felony of the first degree.
(e) A felony of the first degree shall be punished as if it were a life felony.