What is Felony 22-d Florida?
Florida’s criminal code is comprehensive, with many provisions outlining various crimes and penalties. One of the lesser-known felony charges is Florida Statute 782.04, also referred to as Felony 22-d. This article will delve into the details of what Felony 22-d is, its definition, elements, and potential consequences.
Contents
What is the definition of Felony 22-d Florida?
Felony 22-d is defined as the manslaughter of a child under the age of 13, committed by a person 18 years of age or older, who has previously been convicted of a felony violation of section 794.05, 794.11, or 847.0145.
To understand this definition better, let’s break it down:
- Manslaughter: Manslaughter is the killing of a person without premeditation, but with reckless or careless behavior.
- Child under the age of 13: The victim of the crime must be under the age of 13.
- Person 18 years of age or older: The person accused of the crime must be at least 18 years old.
- Previous felony conviction: The person accused of the crime must have previously been convicted of a felony violation related to the sexual exploitation, child abuse, or trafficking of a minor.
Elements of Felony 22-d
To convict someone of Felony 22-d, the state must prove the following elements beyond a reasonable doubt:
• The defendant was over 18 years of age: The prosecution must prove that the defendant was 18 years of age or older at the time of the alleged crime.
• The defendant was previously convicted of a felony related to the sexual exploitation, child abuse, or trafficking of a minor: The prosecution must prove that the defendant had a prior conviction for a felony violation under Florida Statute 794.05 (sexual performance by a child), Florida Statute 794.11 (lewd and lascivious behavior with a child), or Florida Statute 847.0145 (sale, purchase, or distribution of minors).
• The victim was under the age of 13: The prosecution must prove that the victim of the alleged crime was under the age of 13 at the time of the alleged crime.
• The defendant caused the death of the victim through reckless or careless behavior: The prosecution must prove that the defendant’s behavior, though not premeditated, was reckless or careless, resulting in the victim’s death.
Potential Consequences of Felony 22-d
If convicted of Felony 22-d, the potential consequences are severe. The maximum punishment for Felony 22-d is life imprisonment. The court may also impose:
• Mandatory life imprisonment: The court is required to impose a sentence of life imprisonment, without the possibility of parole.
• Mandatory sentence of life imprisonment for a minimum of 40 years: The court is required to impose a sentence of life imprisonment, with the possibility of parole after 40 years.
• Mandatory sentence of life imprisonment for a minimum of 25 years: The court is required to impose a sentence of life imprisonment, with the possibility of parole after 25 years.
Bullets of Felony 22-d
Here are some important bullets to note:
- Felony 22-d is a second-degree felony in Florida.
- Felony 22-d carries a mandatory life imprisonment sentence, with no possibility of parole.
- Felony 22-d is one of the most severe punishments under Florida’s criminal code.
- The prosecution must prove the elements of the crime beyond a reasonable doubt.
Conclusion
In conclusion, Felony 22-d is a severe punishment in Florida, imposed upon individuals who have been convicted of a prior felony violation related to the sexual exploitation, child abuse, or trafficking of a minor and who subsequently cause the death of a child under the age of 13 through reckless or careless behavior.
It is essential for anyone accused of Felony 22-d to consult with an experienced criminal defense attorney to understand their rights and the potential consequences of their actions. With the help of a skilled attorney, you can navigate the complex criminal justice system and work towards the best possible outcome in your case.
