775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.
241 words·~1 min read·
/fl/title-xlvi/chapter-775/775-0875A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A 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. 775.082 , s. 775.083 , or s. 775.084 .
(2)If 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:
(a)1. In the case of a felony of the first degree, to a life felony.
2. In the case of a felony of the second degree, to a felony of the first degree.
3. In the case of a felony of the third degree, to a felony of the second degree.
For 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. 921.0022 or s. 921.0023 of the felony offense committed.
(b)In 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.
(3)A 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. 775.082 or s. 775.083 .