Florida, FL asked in Criminal Law for Florida

Q: What is the penalty for culpable negligence? when it involves a shooting but the victim survives?

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1 Lawyer Answer
Kevin J. Pitts Esq.
Kevin J. Pitts Esq.
Answered
  • Criminal Law Lawyer
  • Daytona Beach, FL
  • Licensed in Florida

A: Culpable negligence with injury is a first degree misdemeanor punishable by a year in jail or on probation. Without injury is a second degree misdemeanor punishable by 60 days in jail or 6 months probation. If a minor obtains a improperly stored gun and hurts themselves or someone else it is a third degree felony punishable by up to 5 years in prison. Attached is the statute below.

(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:(a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;(b) If the minor obtains the firearm as a result of an unlawful entry by any person;(c) To injuries resulting from target or sport shooting accidents or hunting accidents; or(d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.(4)1As used in this act, the term “minor” means any person under the age of 16. Fla. Stat. Ann. § 784.05 (West)

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