Prosecuting Counterfeit License Plates: A Law Clerk's Constitutional Argument


The article discusses the status and probable future of the counterfeit license plate statute in Florida, Florida Statute Section 320.26(1)(a). It prohibits the possession of counterfeit license plates. However, it contains no explicit mens rea requirement. As a result, this law has been challenged repeatedly of late because it is punishable up to five years in prison and because it could potentially be used to punish innocent conduct.


Constitutional Law | Criminal Law | Criminal Procedure

Date of this Version

October 2005