Florida § 812.028 Defenses precluded

Florida Statutes

§ 812.028 — Defenses precluded

Florida § 812.028

TitleXLVI

Ch. 812THEFT, ROBBERY, AND RELATED CRIMES

This text of Florida § 812.028 (Defenses precluded) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 812.028 (2026).

Text

It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:

(1)Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed.

(2)A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.

(3)Property that was not stolen was offered for sale as stolen property.

(4)A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.

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It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:

(1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed.

(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.

(3) Property that was not stolen was offered for sale as stolen property.

(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.