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Sunday, May 19, 2019

She Did What?


She Did What?
 
I just read something in the news that has got me wondering.

A young woman in Florida…of course it was Florida…was arrested along with 20 others for solicitation and trafficking in heroin.  A serious charge, but this was only newsworthy on a national scale as this woman had won a million dollars in a lottery not long ago.

That is not what got me wondering.

What caught my eye was the additional charge filed against her.

unlawful use of a two-way communication device”

WTF?

That’s a crime?  Selling and distributing heroin is pretty serious, why this charge?  Like if we don’t get a conviction for selling drugs, at least we can put her away for a long time for the crime of unlawfully using a two-way communication device?

What was it, a walkie talkie?  A cell phone?  How do you use such a device illegally?

I use a cell phone all the time.  I have never been schooled as to what is lawful use and what is unlawful use of such a device. 

Maybe she took a cell phone a smashed someone over the head.  Would that be unlawful use of a two-way communication device, or would it be assault?

I use my computer to send emails.  Is it a two-way communications device?  I can speak to front door guests on my “Ring” doorbell.  Perhaps I shouldn’t do that.

Please, someone let me know what is lawful and what is unlawful use of a two-way communication device.  Apparently unlawful use of such a device is as serious as dealing drugs.

Until I am sure that I am not breaking the law I will stop all use of any two-way communication devices, so this will be my last post in a while.

 

Wait, I just Googled and found this:

The 2018 Florida Statutes
Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934 
SECURITY OF COMMUNICATIONS; SURVEILLANCE
934.215 Unlawful use of a two-way communications device.—Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2001-114.

http://www.leg.state.fl.us/Images/dividers/600x3_gradient.gif

 
    
I should have known; it is only an offense in Florida.  So, if you are in Florida and planning to break the law, do not discuss or plan said law breaking on a cell phone or walkie-talkie.

 

This has been a Cranky PSA.

 

15 comments:

  1. I was thinking it was about using a cell phone to solicit customers for sex or drugs. And a million dollars? As I always say, 'That's not much after taxes!'

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  2. Wow, I did not know about this obscure law.

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  3. Thanks! I will try to remember that when I am in Florida.
    And then there are the things that are not against the law in Florida even though the are every where else in the civilized world.

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  4. Aww, my poor Florida friends and family. Probably that is just a way of making sure something sticks by adding on the charges. Bet she jaywalked during the crime also.

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  5. Thank's for the head's up. We vacation in Florida once a year, and i will be very careful, if i decide to commit a felony while there, to not discuss it on the phone.

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  6. $1 million dollars? Using a cell phone to commit or plan to commit a crime? Is life to crazy FL or what?

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  7. I don't plan on going to Florida in the near or distant future. It's just not my cup of tea. So I think I'm safe. Plus I'm not big on breaking the law. I even pick up my dogs poop at the park, even if no one is watching. Besides, it's a great way to get rid of those Walmart plastic bags.

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  8. My sister the ex-mayor's wife is going to Florida in a couple weeks. I'll be sure to tell her, to save the ex-mayor future embarrassment, and possibly bail money.

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  9. It's like the felony-firearm laws that many states have - it's one more way to 'throw the book' at a 'bad guy'. Is a murder worse if you use a firearm to commit it? Or an armed robbery? Not really, but the felony-firearm law is an extra charge, so you can lock the baddie away for longer. This 'unlawful use of a communication device' has the same 'look and feel'. So, if you use a cell phone to sell drugs (say), they can lock you up longer. . .

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  10. Its kind of like the laws they have when people break them regarding what is sent through the mail. Somehow they might not make sense but they do carry some stiff penalties. Served on a jury once when the charge was felony murder. The defendant didn't kill the guy but was with the person that did and he (the non killer) and all those involved as friends or around the scene were charged with felony murder because of their involvement. Charge I had never heard of (guy took a plea before the case went to the jury, I would have voted him guilty based on what I heard during testimony and how the charge was explained to us). So I could see this particular person being charged with what she was charged with. Best advice. Don't do anything illegal.

    betty

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  11. The two-way communications device is not the problem here. WHAT she was using it for, is the problem. And probably not only in Florida either. She was using it to facilitate the buying and selling of drugs, and that's a crime anywhere. The statute you found explains that.

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    1. Yea, I know...the crime was selling drugs. An additional charge of illegal use of a two-way device is like an additional charge to a murderer of illegal use of a bullet, illegal use of a car to get away, and illegal use of a fake mustache as a disguise, perjury for denying the murder and obstruction of justice for trying to hide the evidence.

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  12. That's why we send so many letters by mail here in Florida...

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