Amendments to criminal jury instructions.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following:

3.3(a)--AGGRAVATION OF (NAME OF FELONY) BY [CARRYING] [DISPLAYING] [USING] [THREATENING TO USE] [ATTEMPTING TO USE] A [FIREARM] [WEAPON]

3.3(b)--AGGRAVATION OF A FELONY BY [CARRYING] A WEAPON [OTHER THAN A FIREARM]

6.1--INTRODUCTION TO ATTEMPTED HOMICIDE

7.1--INTRODUCTION TO HOMICIDE

8.2--AGGRAVATED ASSAULT

8.4--AGGRAVATED BATTERY

8.12--AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER, FIRFIGHTER, ETC.

8.13--AGGRAVATED BATTERY ON A LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC.

8.14--AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER

8.15--AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER

10.1--UNLICENSED CARRYING A CONCEALED [WEAPON] [FIREARM]

10.2--CARRYING A CONCEALED [WEAPON] [FIREARM] IN A PROHIBITED PLACE

10.3--PERSONS ENGAGED IN CRIMINAL OFFENSE HAVING [WEAPON] [FIREARM] [CONCEALED WEAPON] [CONCEALED FIREARM]

10.5--IMPROPER EXHIBITION OF A [WEAPON] [FIREARM]

10.11--FURNISHING [FIREARM] [WEAPON] TO MINOR [OR] [FURNISHING DANGEROUS WEAPON TO PERSON OF UNSOUND MIND]

10.15--CONVICTED FELON CARRYING A CONCEALED WEAPON OR CONVICTED FELON POSSESSING A [FIREARM] [AMMUNITION] [AN ELECTRIC WEAPON OR DEVICE]

10.15(a)--POSSESSION OF [A FIREARM] [AN ELECTRIC WEAPON OR DEVICE] [AMMUNITION] OR CARRYING A CONCEALED WEAPON BY A PERSON UNDER THE AGE OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT

10.21--IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] [AT A SCHOOL-SPONSORED EVENT] [ON SCHOOL PROPERTY] [ON A SCHOOL BUS] [WITHIN 1,000 FEET OF A SCHOOL]

11.2--SEXUAL BATTERY--VICTIM 12 YEARS OF AGE OR OLDER--GREAT FORCE OR DEADLY WEAPON

11.16--DANGEROUS SEXUAL FELONY OFFENDER

13.1--BURGLARY

13.3--TRESPASS--IN STRUCTURE OR CONVEYANCE

13.4--TRESPASS--ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE

13.5--TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON]

15.1--ROBBERY

15.2--CARJACKING

15.3--HOME-INVASION ROBBERY

15.4--ROBBERY BY SUDDEN SNATCHING

16.1--AGGRAVATED CHILD ABUSE

25.17--CONTRABAND IN COUNTY DETENTION FACILITY

25.18--CONTRABAND IN JUVENILE [DETENTION FACILITY] [COMMITMENT PROGRAM]

25.20--POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL FACILITY

25.21--[INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION

29.21--AGGRAVATED ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT]

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in either electronic format or hard copy on or before April 30, 2019. The committee will review all comments received in response to the above proposals at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instructions, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of a Word document. If you cannot file electronically, mail a hard copy of the comment to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel's Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900.

3.3(

  1. AGGRAVATION OF A FELONY(NAME OF FELONY) BY [CARRYING] [DISPLAYING] [USING] [THREATENING TO USE] [ATTEMPTING TO USE] A [FIREARM] [WEAPON]

    [section] 775.087(1), Fla. Stat.

    If you find that (defendant) committed (name of felony [begin strikethrough]as identified by [section] 775.087(1), Fla. Stat.[end strikethrough]) and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a [firearm] [weapon], you should find [him] [her] guilty of (felony) with a [firearm] [weapon].

    Definitions. [section]790.001(6), Fla. Stat.

    A ""firearm"" is legally defined as (adapt from [section] 790.001(6), Fla. Stat., as required by allegations) any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

    A "weapon" is defined as 1) any object readily capable of inflicting harm if used in the ordinary manner contemplated by its design and construction or 2) any other object that was [used] [or] [threatened to be used] [or] [attempted to be used] [or] [intended to be used] to inflict harm.

    If you find that (defendant) committed (name of felony, [begin strikethrough]as identified in [section] 775.087(1), Fla. Stat.[end strikethrough]), but you are not convinced beyond a reasonable doubt that [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a [firearm] [weapon], then you should find [him] [her] guilty only of (name of felony).

    Comments

    This instruction should not be given in conjunction with the instructions pertaining to any felony in which the use of a weapon or firearm is an essential element. For example, Robbery with a Firearm, Robbery with a Deadly Weapon, and Robbery with a Weapon cannot be reclassified with the firearm or weapon portion of [section] 775.087(1), Fla. Stat. Similarly, Aggravated Battery (via use of a deadly weapon) cannot be reclassified with the firearm or weapon portion of [section] 775.087(1), Fla. Stat. However, Aggravated Battery (via intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement) can be reclassified with the firearm or weapon portion of [section] 775.087(1), Fla. Stat.

    A special instruction will be necessary in cases where the weapon was an animal or a substance or something that is not commonly referred to as an "object."

    The requirement that the defendant personally carried, etc., the firearm or weapon comports with the holding in State v. Rodriguez, 602 So. 2d 1270 (Fla. 1992), that a defendant's offense may not be reclassified for a codefendant's possession of a firearm during a felony.

    This instruction was adopted in 1981 and amended in 2011 [73 So. 3d 1361 and 2019.

    [begin strikethrough]3.3(b) AGGRAVATION OF A FELONY BY [CARRYING] A WEAPON [OTHER THAN A FIREARM][end strikethrough]

    [begin strikethrough] [section] 775.087(1), Fla. Stat.[end strikethrough]

    [begin strikethrough]If you find that (defendant) committed (felony, as identified by [section] 775.087(1), Fla. Stat.) and you also find beyond a reasonable doubt that during the commission of the crime [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a weapon, you should find [him] [her] guilty of (felony) with a weapon.[end strikethrough]

    [begin strikethrough]Definition.[end strikethrough]

    [begin strikethrough]A "weapon" is legally defined to mean any object that could be used to cause death or inflict serious bodily harm.[end strikethrough]

    [begin strikethrough]If you find that (defendant) committed (felony, as identified in [section] 775.087(1), Fla. Stat.), but you are not convinced beyond a reasonable doubt that [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a weapon, then you should find [him] [her] guilty only of (felony).[end strikethrough]

    [begin strikethrough]Comments[end strikethrough]

    [begin strikethrough]This instruction should not be given in conjunction with the instructions pertaining to any felony in which the use of a weapon or firearm is an essential element.[end strikethrough]

    [begin strikethrough]The requirement that the defendant personally carried, etc., the weapon comports with the holding in State v. Rodriguez, 602 So. 2d 1270 (Fla. 1992), that a defendant's offense may not be reclassified for a codefendant's possession of a firearm during a felony.[end strikethrough]

    [begin strikethrough]This instruction was adopted in 1981 and amended in 2011.[end strikethrough]

    6.1 INTRODUCTION TO ATTEMPTED HOMICIDE

    Read in all attempted murder and attempted manslaughter by act cases.

    [begin strikethrough]In this case[end strikethrough] ([begin strikethrough]d[end strikethrough]Defendant) is accused of (crime(s) charged) in Count[s] (insert the number of the relevant count(s)).

    Give degrees as applicable.

    Attempted [begin strikethrough]m[end strikethrough]Murder in the [begin strikethrough]f[end strikethrough]First [begin strikethrough]d[end strikethrough]Degree includes the lesser crimes of [begin strikethrough]a[end strikethrough]Attempted [begin strikethrough]m[end strikethrough]Murder in the [begin strikethrough]s[end strikethrough]Second [begin strikethrough]d[end strikethrough]Degree, and [begin strikethrough]a[end strikethrough]Attempted [begin strikethrough]m[end strikethrough]Manslaughter by [begin strikethrough]a[end strikethrough]Act, all of which are forms of attempted homicide and all of which are unlawful. However, an attempted homicide that was excusable or that was committed by the justifiable use of deadly force is lawful.

    [begin strikethrough]An attempted homicide that is excusable or was committed by the use of justifiable deadly force is lawful.[end strikethrough]

    If you find that there was an attempted homicide of (victim) by (defendant), you will then consider the circumstances surrounding the attempted homicide in deciding whether it was [begin strikethrough]a[end strikethrough]Attempted [begin strikethrough]f[end strikethrough]First [begin strikethrough]d[end strikethrough]Degree [begin strikethrough]m[end strikethrough]Murder, or [begin strikethrough]a[end strikethrough]Attempted [begin strikethrough]s[end strikethrough]Second [begin strikethrough]d[end...

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