 |
Florida Statutes (Last Updated: April 21, 2021) |
 |
TITLE XLVI. CRIMES |
|
CHAPTER 775. GENERAL PENALTIES; REGISTRATION OF CRIMINALS |
SECTION 775.0875. Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.
Latest version.
- 1(1) 2A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 33775.082, 34s. 35775.083, 36or s. 38775.08439.40(2) 41If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:68(a)1. 69In the case of a felony of the first degree, to a life felony.832. 84In the case of a felony of the second degree, to a felony of the first degree.1013. 102In the case of a felony of the third degree, to a felony of the second degree.
119For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 152921.0022 153or s. 155921.0023 156of the felony offense committed.
161(b) 162In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.203(3) 204A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 235775.082 236or s. 238775.083239.
History.-s. 2, ch. 89-157; s. 17, ch. 93-406; s. 22, ch. 95-184; s. 56, ch. 96-388; s. 15, ch. 97-194.
