The Attorney General of Florida, James Uthmeier, reminded residents on Monday that the residents of the state have the right to defend their homes and families, even with weapons when permitted by law, issuing a warning against potential looting and theft following Hurricane Isaias's passage through northwest Florida.
In a message shared on social media following the storm, the official emphasized the legal consequences of taking advantage of disaster victims and reminded that Florida is a state where the right to bear arms is widely recognized, protected by the Second Amendment of the U.S. Constitution.
"This is a state proud of the Second Amendment. Floridians have every right to defend their homes and their families," Uthmeier stated.
The prosecutor issued a particularly strong warning to those who might try to take advantage of the emergency to steal property or intrude into others' homes.
"They rob the victims of the storm and could lose more than their freedom," he stated, referring to the right of property owners to defend themselves.
Uthmeier also recalled that Florida legislation includes an increase in the severity of certain offenses committed during a declared emergency.
"Take them out during this emergency, and Florida law will elevate your charge by a full degree," he noted.
According to the explanation, a person who unlawfully enters a residence to commit a crime may face charges for a first-degree felony and up to 30 years in prison, when the circumstances outlined by state law apply.
The article 810.02 of the Florida Statutes states that certain crimes of illegal entry with the intent to commit an offense can be elevated from second to first degree when they occur in a county under a state of emergency and the conditions arising from this facilitate their commission.
Among these circumstances are power outages, curfews, voluntary or mandatory evacuations, and difficulties in emergency response services.
However, the declaration of emergency does not mean that any theft automatically becomes a first-degree offense. The application of aggravating factors depends on the type of offense and the specific circumstances of the case.
Similarly, the prosecutor's reference to the Second Amendment does not mean that owners can use lethal force in any attempt at theft.
Florida's home defense legislation allows the use of force, including potentially lethal force, under certain conditions, such as when there is a reasonable belief that it is necessary to prevent imminent death, serious bodily harm, or the immediate commission of a violent crime.
The official insisted that the authorities will maintain surveillance and take action against those who try to take advantage of the affected communities.
"They will be caught, they will be prosecuted. Florida will remain safe," he assured.
The statements come after Hurricane Isaías made landfall near Destin on Friday night, causing damage and power outages in various communities in Florida's Panhandle.
The warning about the right to defend homes expands on the messages that the prosecutor had already issued regarding the crimes committed during the recovery from the cyclone.
Last Saturday, Uthmeier warned that looters could face up to 30 years in prison and that businesses engaging in price gouging could be subject to fines of up to $25,000 per day.
During that intervention, the prosecutor stated that state and local law enforcement agencies were deployed to protect residents and prevent criminals from taking advantage of the situation.
Before the hurricane's impact on October 7, the Florida Attorney General had activated a form to report abusive price increases on essential goods and services during the emergency.
Filed under: