House Bill 1431

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    Florida House of Representatives - 2000                HB 1431

        By Representative Arnall






  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         creating s. 790.401, F.S.; defining "booby

  4         trap"; creating s. 790.402, F.S.; defining the

  5         offense of construction or placement, or

  6         causing the construction or placement, of a

  7         booby trap, and providing criminal penalties

  8         therefor; providing for mandatory minimum terms

  9         of imprisonment; providing penalties for

10         perpetrating the placing of a booby trap that

11         results in injury to or death of an animal,

12         under specified circumstances, or that results

13         in bodily harm to another or damage to

14         property; making it a capital felony punishable

15         by death to perpetrate the placing of a booby

16         trap which results in the death of another;

17         creating s. 790.403, F.S.; defining the offense

18         of construction, placement, or installation, or

19         causing the construction, placement, or

20         installation, without lawful purpose, of a

21         booby trap or other object, device, substance,

22         or weapon capable of causing injury or damage,

23         with the purpose of causing injury to any

24         person or animal, or damage to property;

25         providing penalties therefor; providing

26         penalties, under specified circumstances, for

27         offenses resulting in property damage or animal

28         injury or death or resulting in personal

29         injury; providing capital felony penalties,

30         under specified circumstances, for offenses

31         resulting in death of a person; providing a

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    Florida House of Representatives - 2000                HB 1431

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  1         presumption; providing for inapplicability of

  2         certain provisions to law enforcement officers

  3         or members of the United States Armed Forces,

  4         under specified circumstances; providing an

  5         effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 790.401, Florida Statutes, is

10  created to read:

11         790.401  Booby trap; definition.--As used in ss.

12  790.401, 790.402, and 790.403, unless the context clearly

13  indicates otherwise:

14         (1)  "Booby trap" means any device, object, or

15  substance, whether disguised, camouflaged or not, or

16  unattended or not, knowingly and intentionally constructed and

17  placed without lawful purpose but for the purpose of causing

18  injury to persons or animals or damage to property.  Booby

19  traps include, but are not limited to:

20         (a)  Devices commonly called booby traps, whereby a

21  person or an animal may be injured or property may be damaged

22  by mechanical, chemical, or electrical means, or any

23  combination thereof.

24         (b)  Traps or devices containing or composed of

25  injurious objects, puncturing or cutting implements, or

26  obstacles, placed for the purpose of causing injury to persons

27  or animals or damage to property.

28         (c)  Gun traps, snares, disguised pit traps, or trip

29  lines.

30         (d)  Traps employing poisons or debilitating chemicals

31  or gas, electrocution traps, or dead falls.

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    Florida House of Representatives - 2000                HB 1431

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  1         (e)  Incendiary or corrosive chemical traps, such as,

  2  but not limited to, those using phosphorus, acid, or lye.

  3         (f)  Slippery substances purposely designed and placed

  4  so as to cause the loss of traction, control, or balance, such

  5  as marbles on a walkway or oil on a roadway.

  6         (g)  Devices capable of firing a projectile or

  7  projectiles so designed to injure or kill persons or animals

  8  or damage vehicles coming near or in contact with such a

  9  device.

10         (h)  Any mine or other explosive device so designed to

11  injure or kill persons or animals or damage vehicles coming

12  near or in contact with such a device.

13         (2)  "Booby trap" does not include:

14         (a)  Gas-emitting or electrical devices designed for

15  self-defense or for controlling animals.

16         (b)  Electric fences legally erected to keep animals

17  from straying.

18         (c)  Traps legally set for capture of fur-bearing

19  animals or other animals by licensed or permitted trappers.

20         (d)  Live traps legally set for the purpose of

21  capturing nuisance or sick animals or domestic farm animals

22  without harming them.

23         (e)  Devices set to ward off or warn of the approach of

24  animals or warn of the approach of persons so long as the

25  device is not capable of doing bodily harm or property damage

26  as it normally functions and there is no intent to do such

27  injury or damage by persons using such a device.

28         (f)  The novelty or trick noisemaker referred to as a

29  "booby trap" in s. 791.01(4)(c), if the novelty or trick

30  noisemaker is used for lawful purposes and not with the intent

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    Florida House of Representatives - 2000                HB 1431

    54-312B-00






  1  to cause damage to property or injury to or death of any

  2  animal or person.

  3         Section 2.  Section 790.402, Florida Statutes, is

  4  created to read:

  5         790.402  Constructing or placing booby trap prohibited;

  6  penalties; legal presumption; exception.--

  7         (1)(a)  A person who constructs or places, or causes to

  8  be constructed or placed, a booby trap, as defined in s.

  9  790.401, commits a felony of the third degree, punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084, and the

11  person shall be required to serve a term of imprisonment of

12  not less than 1 calendar year before becoming eligible for

13  parole.

14         (b)1.  A person who perpetrates the placing of a booby

15  trap that results in injury to or death of an animal belonging

16  to another that is valued at less than $1,000 commits a felony

17  of the third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084, and the person shall be required to

19  serve a term of imprisonment of not less than 3 calendar years

20  before becoming eligible for parole.

21         2.  A person who perpetrates the placing of a booby

22  trap that results in injury to or death of an animal belonging

23  to another that is valued at $1,000 or greater commits a

24  felony of the second degree, punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084, and shall be required to

26  serve a term of imprisonment of not less than 5 calendar years

27  before becoming eligible for parole.

28         (c)1.  A person who perpetrates the placing of a booby

29  trap that results in bodily harm to a person or damage to

30  property commits a felony of the first degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084, and shall

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    Florida House of Representatives - 2000                HB 1431

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  1  be required to serve a term of imprisonment of not less than

  2  10 calendar years before becoming eligible for parole.

  3         2.  If the act of perpetrating the placing of the booby

  4  trap results in the death of a person, the person who

  5  perpetrated the placing of the booby trap commits a capital

  6  felony, punishable by death.

  7         (2)(a)  It shall be presumed that a booby trap device,

  8  object, or substance is placed for the purpose of causing

  9  injury or damage if it is placed in a location where a

10  reasonable person would foresee the possibility of injury to a

11  person or animal or of damage to property.

12         (b)  In order to obtain a conviction for a violation of

13  this section, it is not necessary to prove that the offender

14  intended to injure any particular person or animal, or

15  intended to damage any particular property.

16         (3)  The provisions of this section shall not apply to

17  any law enforcement officer or any member of the Armed Forces

18  of the United States while engaged in training or other lawful

19  activity within the scope of his or her employment.

20         Section 3.  Section 790.403, Florida Statutes, is

21  created to read:

22         790.403  Booby traps and other injurious objects,

23  devices, substances, or weapons; prohibited acts; legal

24  presumption; exception.--

25         (1)(a)  A person who constructs, places, or installs,

26  or causes to be constructed, placed, or installed, in any

27  location without lawful purpose, any booby trap or object,

28  device, substance, or weapon that is capable of causing injury

29  or damage, with the purpose of causing injury to any person or

30  animal, or damage to property, commits a felony of the third

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    Florida House of Representatives - 2000                HB 1431

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  1  degree, punishable as provided in s. 775.082, s. 775.083, or

  2  s. 775.084.

  3         (b)  If, as a result of a violation of paragraph (a),

  4  damage to property or injury to or death of an animal

  5  belonging to another results, the perpetrator commits a felony

  6  of the second degree, punishable as provided in s. 775.082, s.

  7  775.083, or s. 775.084.

  8         (c)  If, as a result of a violation of paragraph (a), a

  9  person is injured, the perpetrator commits a felony of the

10  first degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (d)  If, as a result of a violation of paragraph (a),

13  death of a person results, the perpetrator commits a capital

14  felony, punishable by death or life imprisonment.

15         (2)(a)  It shall be presumed that a booby trap or

16  object, device, substance, or weapon that is capable of

17  causing injury to any person or animal, or damage to property,

18  is placed, installed, or constructed with the purpose of

19  causing injury or damage if it is placed, installed, or

20  constructed where a reasonable person would foresee the

21  possibility of injury to a person or animal, or of damage to

22  property.

23         (b)  In order to obtain a conviction for a violation of

24  this section, it is not necessary to prove that the offender

25  intended to injure any particular person or animal, or

26  intended to damage any particular property.

27         (3)  The provisions of this section shall not apply to

28  any law enforcement officer or any member of the Armed Forces

29  of the United States while engaged in training or other lawful

30  activity within the scope of his or her employment.

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    Florida House of Representatives - 2000                HB 1431

    54-312B-00






  1         Section 4.  This act shall take effect October 1, 2000,

  2  and shall apply to offenses committed on or after that date.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Prohibits construction or placement, or causing the
  7    construction or placement, of a "booby trap," as defined.
      Provides criminal penalties therefor, including mandatory
  8    minimum terms of imprisonment.  Provides third degree or
      second degree felony penalties for perpetrating the
  9    placing of a booby trap that results in injury to or
      death of an animal belonging to another and valued at
10    less than $1,000, or at least $1,000 or greater,
      respectively.  Provides first degree felony penalties for
11    perpetrating the placing of a booby trap that results in
      bodily harm to a person or damage to property.  Makes it
12    a capital felony punishable by death to perpetrate the
      placing of a booby trap which results in the death of a
13    person.  Prohibits construction, placement, or
      installation, or causing the construction, placement, or
14    installation, without lawful purpose, of a booby trap or
      other object, device, substance, or weapon capable of
15    causing injury or damage, with the purpose of causing
      injury or damage to any person, animal, or property, and
16    provides penalties therefor.  Provides enhanced penalties
      for such offense, under specified circumstances, that
17    results in property damage, in animal injury or death, in
      personal injury, or in the death of a person.  Provides a
18    legal presumption.  Makes certain provisions inapplicable
      to law enforcement officers or members of the United
19    States Armed Forces, under specified circumstances.

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