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Kidnapping Term

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  • Category: crime

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In the murder of Uma Opee Mr. Dents is found guilty in the following elements. The elements are Homicide, assault of a police officer, kidnapping, burglary and crimes related to drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victims nails matched the DNA to Stu Dents. The facts of assault on a police officer was when he punched Officer T. Chur in the face and screamed “Alien”. Kidnapping facts are Mr. Dents used rope to tie the victim and stuffed her mouth with cloth and was dropped off behind a building. Burglary facts are Mr. Dents entering the victims apartment. Mr. Dents is charged with crimes related to drugs because in his house was drugs that were found, the same drug ecstasy with the “thumbs-up” imprint found in the victim’s apartment.

In the state of Florida Homicide-Murder under title XLVI chapter 782, 782.04 states When perpetrated from a premeditated design to effect the death of the person killed or any human being; When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: robbery, burglary, kidnapping, home-invasion robbery, aggravated stalking, murder of another human being, resisting an officer with violence to his or her person is considered murder.

The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows, in the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: Inflict bodily harm upon or to terrorize the victim or another person. A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment and Enters an occupied or unoccupied dwelling or structure. For crime related to drugs a controlled substance commits a felony of the second degree.

Reference

Florida Legislature. (1995-2013). Retrieved from Online Sunshine:
http://www.leg.state.fl.us/Welcome/index.cfm?CFID=282096723&CFTOKEN=39480852

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