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Posted by John P. Rutkowski | Oct 25, 2019 | 0 Comments

Criminal law -- Maritime law -- Jurisdiction -- Information -- Effects doctrine. Crime committed by Honduran citizen on cruise ship in international waters. The circuit court did not err in denying motion for judgment of acquittal which asserted, for the first time, that the state failed to invoke maritime criminal jurisdiction because the information incorrectly alleged that the events occurred within the county. The state was not required to allege maritime criminal jurisdiction pursuant to section 910.006 within the body of the information to invoke the circuit court's jurisdiction. The circuit court has subject matter jurisdiction so long as facts of a case fall under the penumbra of the statute and the Effects doctrine does not constitute an independent basis for jurisdiction over maritime criminal occurrences. The state proved jurisdiction pursuant to section 910.006(3)(f) beyond a reasonable doubt because defendant's act of lewd or lascivious molestation was one of violence generally recognized as criminal, and victim was a Florida resident.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.


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