The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Anthony Doyle appeals his convictions and sentences for extortion under section 836.05, Florida Statutes . . . of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 836.05 . . . Thus, extortion under section 836.05 may be committed by issuing a written threat to commit bodily harm . . . See § 836.05, Fla. Stat. . . . As explained below, however, section 836.10 does not contain any element not found in section 836.05. . . .
. . . .” § 836.05, Fla. Stat. (2015). . . .
. . . State, 125 So.3d 1007, 1012 (Fla. 5th DCA 2013) (interpreting Florida’s extortion statute, section 836.05 . . .
. . . racketeering by: a. making defamatory and threatening posts on the daughter’s blog in violation of sections 836.05 . . .
. . . of contraband into SCI in violation of § 944.47, Florida Statutes and/or extortion in violation of § 836.05 . . .
. . . . § 836.05. . . .
. . . instruction was adopted in July 1998 and amended in 2012 [95 So.3d 868] and 2014. 8.23 EXTORTION § 836.05 . . .
. . . person with the intent to cause that person to do an act against his will in violation of Sections 836.05 . . .
. . . . § 836.05, Fla. Stat. (2009). . . . The State then charged Calamia with extortion pursuant to section 836.05. . . . guilty of a felony of the second degree, punishable as provided in s.775.082, s.775.083, or s.775.084. § 836.05 . . . that person to commit an act or to refrain from acting against his will. 634 So.2d at 1094 (citing § 836.05 . . . STATE REQUIRED TO PROVE ACTUAL MALICE TO SUSTAIN A CONVICTION FOR THE CRIME OF EXTORTION UNDER SECTION 836.05 . . .
. . . According to the Holdsworths, the Garcias extorted them under section 836.05, Florida Statutes. . . . Wynne, 961 So.2d 1065, 1067 (Fla. 4th DCA 2007). . § 836.05, Fla. . . .
. . . predicate offense at issue in this appeal, was a 1996 conviction for extortion under Florida Statute § 836.05 . . . Stat. § 836.05 (1995) (emphasis added). . . .
. . . . § 836.05, in violation of Fla. . . .
. . . . §§ 836.05, 777.011, 777.04; conspiracy to commit murder in violation of Ind.Code §§ 35-41-5-2, 35-42 . . .
. . . Appellant Waynard Duan argues that his jury conviction for extortion, pursuant to section 836.05, Florida . . . the victim’s mental injury was insufficient to meet the elements of extortion, set forth in section 836.05 . . . Second, the State asserts the trial court properly construed section 836.05 to include injury to the . . . Within section 836.05, there is evidence the Legislature intended the crime of extortion to encompass . . . No Florida case suggests that this conduct is not included under section 836.05. . . .
. . . victim from trading comic books on eBay and from communicating on the internet, in violation of section 836.05 . . .
. . . include, but are not limited to, fraud under Chapter 817 of the Florida Statutes, extortion under Section 836.05 . . . includes the malicious threatening of another with the intent to extort money or a pecuniary advantage. § 836.05 . . . to expose any secret affecting another, or to impute any deformity or lack of chastity to another. § 836.05 . . .
. . . Turning to the case at hand, it is undisputed that Florida law, specifically Florida Statutes § 836.05 . . . All parties agree that Section 836.05 is a “generic” extortion statute. . . .
. . . correct the judgment to provide that his offense, attempted extortion, is a third degree felony, see §§ 836.05 . . .
. . . See §§ 836.05, 772.102, .103, .104, Fla. Stat. (1997); Metropolitan Life Ins. Co. v. . . .
. . . Section 836.05, Florida Statutes (1997), makes criminal, in so far as this case is concerned, the following . . .
. . . . § 836.05 (defining the crime of extortion under Florida State law). . . .
. . . See § 836.05, Fla. Stat. (1995). AFFIRMED IN PART; VACATED IN PART. . . .
. . . . § 836.05, Fla. Stat. (1993). The information alleges that Mr. . . . investigation, maliciously did threaten an injury to the person of Michael Wiggins, in violation of section 836.05 . . .
. . . 784.03, Fla.Stat. (1991) ]; (2) aggravated assault [§ 784.021, Fla.Stat. (1991) ]; and (3) extortion [§ 836.05 . . . trial court’s reading of the extortion statutes does not, as urged, amount to a fundamental error. § 836.05 . . . Compare §§ 836.05, 784.021, Fla. Stat. (1991) with § 794.011, Fla.Stat. (1991). 4. . . .
. . . . § 836.05, F.S. . . . Section 836.05, Florida Statutes (1991) states: Threats; extortion. — Whoever, either verbally or by . . .
. . . violation of section 836.10, Florida Statutes (1991), count one; and extortion in violation of section 836.05 . . . Section 836.05, Fla.Stat. Malice is an essential element of the crime. Chestnut v. . . .
. . . .-021(1)(e), 836.05 (extortion and obtaining property thereby), 810.011-810.115 (burglary and trespass . . .
. . . sympathy for [his] position, but the fact remains he committed the crime of extortion under Section 836.05 . . . Section 836.05, Florida Statutes (1991) provides: 836.05 Threats; extortion. . . .
. . . 231.06 — Assault or Battery Upon District School Board Employee Chapter 784 — Assault, Battery Section 836.05 . . .
. . . and sentencing him as an adult on two counts of second-degree felony extortion pursuant to Section 836.05 . . .
. . . .” § 836.05, Fla.Stat. (1987). . . .
. . . For example, some conduct of this type may constitute extortion that would be criminal under section 836.05 . . .
. . . The statements in the motion to dismiss the appeal do not constitute a “threat" proscribed by section 836.05 . . . accepted appellee’s contention that he reasonably believed there was a private right of action for section 836.05 . . .
. . . .-021 Extortion — 836.05 See Davis v. . . . .-021 Extortion — 836.05 See Davis v. . . . .-021 Extortion — 836.05 See Davis v. . . .
. . . . § 836.05, Fla.Stat. (1985). . Carawan v. State, 515 So.2d 161 (Fla.1987). . . . . not deem the words and actions sufficient to constitute a violation of the extortion statute, section 836.05 . . .
. . . on the theory that a letter written by the appellee Castillo to the appellant Bass violated section 836.05 . . .
. . . Battery — 784.03 Aggravated battery — 784.045 Assault — 784.011 Aggravated assault — 784.021 Extortion — 836.05 . . . Battery — 784.03 Aggravated battery — 784.045 Assault — 784.011 Aggravated assault — 784.021 Extortion — 836.05 . . . 2d degree— 812.014(2)(b) Battery — 784.03 Assault — 784.011 Aggravated assault — 784.021 Extortion — 836.05 . . .
. . . contends that the proof made out what it characterizes as the lesser included offense of extortion, § 836.05 . . .
. . . kidnapping in violation of section 787.01, Florida Statutes (1985), and extortion in violation of section 836.05 . . .
. . . . § 836.05, Fla.Stat. (1981): Threats; extortion. — Whoever, either verbally or by a written or printed . . .
. . . FERRE contends that these alleged threats constitute a violation of Section 836.05, Florida Statutes, . . . Section 836.05, however, does not expressly provide for a private right of action nor, plaintiffs argue . . . Green, 433 So.2d 1248 (Fla. 3d DCA 1983) is persuasive authority for the proposition that in enacting § 836.05 . . . Judge Pearson’s reasoning is equally applicable to § 836.05 which is similarly devoid of any suggestion . . . Accordingly, as there is no private right of action under § 836.05, this Court finds judgment on the . . .
. . . sympathy for that position, but the fact remains he committed the crime of extortion under Section 836.05 . . .
. . . Appellant was charged under Section 836.05, Florida Statutes (1981), which requires a showing of a threat . . .
. . . was placed on probation for a period of 15 years on a charge of “extortion by threat” under Section 836.05 . . .
. . . COWART, Judge, dissenting: O'Hara was convicted of violating two criminal statutes, extortion (§ 836.05 . . . Extortion under section 836.05, Florida Statutes, does not require a taking, obtaining or using of property . . . The majority opinion states that by the extortion statute (§ 836.05, Fla.Stat.) . . . the offense of statutory grand theft (§ 812.014, Fla.Stat.) and the offense of statutory extortion (§ 836.05 . . . Under the alternative provisions of Section 836.05, Florida Statutes (1981), one commits the crime of . . .
. . . nonexistent crime, though an attempt is embraced within the crime of extortion as defined by section 836.05 . . .
. . . See § 836.05, Fla.Stat. (1981): Whoever, either verbally or by a written or printed communication, maliciously . . .
. . . The state charged petitioner with extortion under section 836.05, Florida Statutes (1977). . . . Const. . 836.05 Threats; extortion. — Whoever, either verbally or by a written or printed communication . . .
. . . These words, if true, would imply that Kir-vin, by such conduct, was guilty of a violation of Section 836.05 . . .
. . . . § 836.05, Fla.Stat. (1979). . . . .
. . . Section 836.05 of the Florida Statutes (1977) reads: 836.05 Threats; extortion. — Whoever, either verbally . . .
. . . . §§ 836.05 and 877.02, Fla.Stat. (1977). . . . intent to extort money or the intent to compel another to act or refrain from acting against his will. § 836.05 . . . We hold that section 836.05, Florida Statutes (1977), is constitutional. . . .
. . . 336 So.2d 643, because the district court initially and directly passed on the validity of Section 836.05 . . . filed by the appellant in the court below clearly raise the constitutional issue: Florida Statute § 836.05 . . . The conviction is an unconstitutional application of the extortion statute, i. e., § 836.05. . . . Appellant was arrested and charged with extortion, a violation of Section 836.05, Florida Statutes (1973 . . . verdict binds a reviewing court to the “assassination” version of the chant urged by the State. . § 836.05 . . . Untreiner and against the will of Deputy Sheriff Doug Raines, contrary to section 836.05, Florida Statutes . . .
. . . appellants Matthews and Brooks committed extortion by verbal threats of bodily injury, in violation of § 836.05 . . . Section 836.05 provides: “Whoever, either verbally or by a written or printed communication, maliciously . . .
. . . . § 836.05 (1965). . 28 U.S.C.A. § 1861 (1972 Supp.) : “It is the policy of the United States that all . . .
. . . . § 836.05, F.S.A., was constitutional. Fla. Const, art. V, § 4(2),,F.S.A. . . .
. . . . § 836.05, F.S.A., and one count of inciting to commit perjury, under Fla.Stat. § 837.-04, F.S.A. . . .
. . . by the justice of the peace upon the affidavit of Hamic charging that Stone, in violation of section 836.05 . . .
. . . . § 836.05, F.S.A., threats to accuse a person of an offense, or to do him any injury to his person or . . . the information for the purpose of extorting money was sufficient to constitute a crime under F.S. § 836.05 . . . Section 836.05, F.SA . 22 Am.Jur., Extortion and Blackmail, § 20, p. 239. . Petersen v. . . .
. . . Section 836.05, Fla.Stat, F.S.A., provides : “Whoever, either verbally or by a written or printed communication . . . HOR-NER is a defendant, in violation of Florida Statute 836.05. * * * “COUNT THREE “And RICHARD E. . . . HORNER is a defendant, in violation of Florida Statute 836.05, contrary to the form of the Statute in . . . information, viewed as a whole, and each of its counts, legally and properly charged an offense under § 836.05 . . .
. . . Mclnnes charging him with extortion in violation of Sec. 836.05, Florida Statutes 1959, and F.S. A. . . . additional ground for the attack on the third count, namely that the portions of the statute, Sec. 836.05 . . . the cause to the trial court so the latter could specify whether or not the constitutionality of Sec. 836.05 . . . motion to quash so as to specify whether or not that court passed directly on the validity of Sec. 836.05 . . . trial judge entered an amended order reciting that he was passing directly upon the validity of Sec. 836.05 . . .
. . . this cause to the trial court for the entry of an order specifying whether the constitutionality of § 836.05 . . . order as may be entered specify whether the court directly passes upon the constitutionality of F.S. § 836.05 . . . F.S. § 836.05, F.S.A. . “Appeal by state. . . .
. . . . § 836.05, F.S.A. The petitioner questions the sufficiency of the information and of the proof. . . . The information in this case contained two paragraphs and was based upon the provisions of F.S. § 836.05 . . . laws of Canada could not be made the basis of a prosecution in Florida under the provisions of F.S. § 836.05 . . . Under F.S. '§ 836.05, F.S.A., threats to accuse a person of an offense, or to do him an injury to his . . . the information for the purpose of extorting money was sufficient to constitute a crime under F.S. § 836.05 . . .
. . . from which there should be deducted the amount of the loan and interest due, leaving a balance of $3,-836.05 . . .