Standard Jury Instructions in Crim. Cases

Full title: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (97-2)

Court: Supreme Court of Florida

Date published: Jul 16, 1998

723 So. 2d 123 (Fla. 1998)

Opinion

No. 91815.

July 16, 1998.

Original Proceeding — Standard Jury Instructions in Criminal Cases.

Honorable Philip J. Padovano, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, for Petitioner.

William D. Matthewman, Miami, Florida, John H. Gutmacher, Orlando, Florida, Bob Dillinger, Public Defender, Sixth Judicial Circuit, Clearwater, Florida, and Arthur I. Jacobs, General Counsel for Florida Prosecuting Attorneys Association, Fernandina Beach, Florida, Responding.

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted the following proposed amendments to the Florida Standard Jury Instructions in Criminal Cases:

1. A revised Schedule of Lesser Included Offenses.¹

1 The revised schedule completely replaces the present version. The entire schedule, which is included in the appendix to this opinion, has been reorganized chronologically by statute number and also includes substantive changes.

2. A New Instruction on Duress or Necessity.

3. A Supplemental Instruction on Penalty Phase Proceedings.

4. An Amended Instruction on Entrapment.

5. An Amended Instruction on False Imprisonment.

6. Amended Instructions Relating to DUI.

7. A New Instruction on Sexual Activity with a Minor.

The foregoing list of proposed amendments was published in The Florida Bar News and comments were received. The Committee considered the comments and revised proposed amendments were published in The Florida Bar News on January 15, 1998. Several new comments were filed with this Court. In addition to some technical changes, the Court on its own motion has modified the proposed instructions as explained below.

First, the word "intentionally" has been added to the first element in the Committee's proposed new instruction on duress and necessity. Second, in the amended instruction on entrapment, the Court has changed the term "police" in the definition of information to "law enforcement." The instruction now reflects that an informant is an agent of law enforcement for the purposes of the entrapment defense.

With these changes, the Court hereby adopts the proposed amendments as set forth in the appendix attached to this opinion and approves them for publication. In doing so, we express no opinion on the correctness of these instructions and remind all interested parties that this approval forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the new instructions.

Accordingly, the new instructions are appended to this opinion and will be effective on the date this opinion is filed. The new language is indicated by underscoring; deletions are indicated by strike-through type.

It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE INSTRUCTIONS.

APPENDIX SCHEDULE OF LESSER INCLUDED OFFENSES COMMENT ON SCHEDULE OF LESSER INCLUDED OFFENSES

One of the difficult problems in instructing a criminal jury is to make certain that it is properly charged with respect to the degrees or categories of guilt that may be applicable to a given crime. The supreme court in Brown v. State, 206 So.2d 377 (Fla. 1968) described these categories as follows:

1. Crimes divisible into degrees

2. Attempts to commit offenses

3. Offenses necessarily included in the offense charged

4. Offenses which may or may not be included in the offense charged, depending on the accusatory pleading and the evidence.

Because it is often so difficult to determine these categories, the committee prepared a list of the offenses applicable to each of the crimes for which standard jury instructions had been drafted. At the same time, the committee recommended treating lesser degrees as category 3 or 4 offenses depending on the offense and treating attempts as a category 4 offense, thereby eliminating the first two Brown categories as separate categories. In its opinion dated April 16, 1981, in which it approved the new standard jury instructions, the supreme court also approved the schedule of lesser included offenses and accepted the recommendation of the committee to consolidate the four Brown categories into two categories. The supreme court directed that the four categories should be renumbered and designated as follows:

1. Offenses necessarily included in the offense charged, which will include some lesser degrees of offenses.

2. Offenses which may or may not be included in the offense charged, depending on the accusatory pleading and the evidence, which will include all attempts and some lesser degrees of offenses.

The court also directed that the appropriate Florida Rules of Criminal Procedure be amended to accommodate these changes. The categories of the offenses which appear on the schedule of lesser included offenses have been renumbered and designated according to the supreme court mandate.

In determining the appropriate lesser offenses for inclusion in the table, the committee followed certain guidelines:

1. No offense is deemed to be a lesser offense if it carries the same penalty as the crime under consideration. See Ray v. State, 403 So.2d 956 (Fla. 1981); State v. Carpenter, 417 So.2d 986 (Fla. 1982).

2. If the definition of the crime includes the attempt or the endeavor to commit the crime, there can be no separate offense of an attempt to commit that crime, e.g., uttering, forgery, grand theft second degree, delivery of controlled substance.

3. Certain crimes do not have attempts, e.g., culpable negligence, extortion, perjury, corruption by threat against public servant, resisting officer with violence, and conspiracy.

4. Except as stated above, attempts to commit crimes generally are included unless the evidence conclusively shows that the charged crime was completed. In such case, attempt should not be instructed.

5. Some statutes provide that the penalty for certain crimes is enhanced if certain events occur during their commission. For example, under F.S. 810.02 burglary is a felony of the first degree if the burglar makes an assault or is armed with explosives or dangerous weapons. If these events do not occur but burglary is committed in a dwelling occupied by human beings, the offense is a felony of the second degree. All other burglaries are felonies of the third degree. Thus, if a defendant is charged with first degree burglary by virtue of having made an assault during the course of the burglary, the jury should be permitted to return a verdict for simple third degree burglary without the enhancement of the assault. In practice, this is similar to the concept of lesser included offenses, but since statutes of this type are couched in terms of enhancement, the schedule does not carry the lower degrees of the offenses proscribed by those statutes as lesser included offenses.

6. Under Knight v. State, 338 So.2d 201 (Fla. 1976), felony murder is included within a single indictment count of premeditated murder. Therefore, first degree felony murder should be given if requested by the state and if supported by the evidence, although it is not a lesser included offense.

TABLE OF LESSER INCLUDED OFFENSES 316.193 316.193 316.193 316.193 316.193 316.193 316.193 316.193 316.193 316.193 316.193 782.071 782.04 782.04 782.07 782.04 782.04 782.071 784.05 784.045 784.021 784.03 784.011 782.04 782.04 782.07 782.04 782.04 784.045 784.021 784.03 782.04 777.04 782.04 777.04 782.07 777.04 784.021 784.045 784.011 784.03 782.04 782.07 782.04 782.071 784.05 784.045 784.021 784.03 784.011 782.04 782.04 782.051 782.051 782.051 782.04 784.021 784.03 784.011 782.07 782.071 784.021 784.03 784.011 784.05 784.05 782.071 316.192 784.05 784.05 784.011 784.021 784.011 790.10 790.15 784.021 784.011 784.03 784.045 784.03 784.045 784.03 790.10 784.045 784.03 784.048 784.048 784.048 784.011 790.10 784.048 784.048 741.31 784.05 784.05 784.07 784.011 784.07 784.03 784.07 784.021 784.07 784.011 790.10 790.15 784.07 784.045 784.07 784.03 790.10 790.15 784.08 784.045 784.08 784.03 790.10 790.15 784.08 784.021 784.08 784.011 790.10 790.15 784.08 784.03 784.08 784.011 787.01 787.02 784.021 784.03 784.011 787.02 784.03 784.011 790.01 790.01 790.06 790.07 790.01 790.10 790.07 790.01 790.10 790.10 784.011 790.15 790.161 790.161 790.161 784.021 784.011 790.161 790.161 790.161 784.021 784.011 790.161 790.161 790.161 790.161 784.021 784.011 790.162 784.011 790.163 790.164 790.163 790.17 790.18 790.19 790.15 790.221 790.23 790.01 790.01 794.011 784.03 794.011 784.011 784.021 784.045 794.011 794.011 784.03 794.011 784.045 784.021 784.011 794.011 794.011 794.011 784.03 784.021 784.011 794.011 784.03 784.011 800.02 800.03 800.02 800.04 784.011 784.03 800.02 806.01 806.01 806.13 806.13 806.13 806.13 806.111 806.13 806.13 806.13 806.13 806.13 806.13 810.02 810.02 784.045 784.03 784.021 784.011 810.02 810.08 810.08 810.02 810.02 810.02 810.08 810.08 810.02 810.08 810.06 810.08 810.09 812.014 812.014 812.014 812.014 812.014 812.081 812.014 812.014 812.014 812.014 812.081 812.014 812.014 812.014 812.081 812.014 812.014 812.014 812.014 812.014 812.014 812.014 812.014 812.014 812.014 812.014 812.016 812.019 812.014 812.014 812.014 812.019 812.019 812.13 812.13 812.13 812.014 812.014 812.014 812.014 812.014 784.03 784.045 784.011 784.021 790.07 812.015 812.13 812.13 812.014 812.014 812.014 812.014 812.014 784.03 784.045 784.011 790.07 812.015 812.13 812.014 812.014 812.014 812.014 812.014 784.03 784.011 784.021 812.015 812.135 812.13 812.014 812.014 817.233 817.563 826.04 827.03 827.04 784.03see Kama v. State 507 So.2d 154 827.03 827.03 827.03 827.04 784.03see Kama v. State 507 So.2d 154 827.04 827.071 827.071 827.071 827.071 827.071 827.071 827.071 831.01 831.02 832.04 832.04 832.041 832.04 832.041 832.05 832.05 832.05 832.05 832.05 837.012 837.02 837.021 837.05 837.06 838.015 838.015 838.016 838.016 838.021 838.12 838.12 843.01 843.02 843.02 849.01 849.09 849.09 849.11 849.01 849.09 849.09 849.01 849.09 849.09 849.11 849.02 849.09 849.09 849.02 849.03 849.04 849.07 849.11 849.08 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.11 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.11 849.231 849.09 849.09 849.09 849.14 849.25 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.13 893.135 893.135 893.13 893.13 893.13 893.13 893.13 893.13 893.135 893.135 893.13 893.13 893.13 893.13 893.135 893.135 893.13 893.13 893.13 893.13 893.135 893.135 893.13 893.13 893.13 893.13 893.135 893.135 893.13 893.13 893.13 893.13 893.135 893.135 893.13 893.13 893.13 893.13 893.147 893.147 893.147 893.147 893.149 895.03 895.03 895.03 895.03 895.03 895.03 895.03 944.40 944.47 893.13 951.22 893.13 DURESS OR NECESSITY An issue in this case is whether acted out of [duress] [necessity] in committing the crime of It is a defense to the if the defendant acted out of [duress] [necessity]. In order to find the defendant committed the out of [duress][necessity], you must find the following six elements: ^fn 1. the defendant reasonably believed [a danger][an emergency] existed which was not intentionally caused by [himself] [herself]. ^fn 2(a). the [danger][emergency] threatened significant harm to [himself] [herself][a third person]. (or) ^fn Give 2(b) if 2(b). the [danger][emergency] threatened escape charged death or serious bodily injury. ^fn 3. The threatened harm must have been real, imminent and impending. ^fn Give 4(a) 4(a). the defendant had no reasonable if escape means to avoid the [danger] not charged [emergency] except by committing the ^fn (crime charged) (lesser included offenses). ^fn Note to If escape is charged, the court must first Judge determine whether the defendant has satisfied the conditions precedent enumerated in Muro v. State, 445 So.2d 374 (Fla. 3d DCA 1984) and Alcantaro v. State, 407 So.2d 922 (Fla. 1st DCA 1981) and if so, give 4b. 4(b). the defendant left [the place of [his][her] confinement][the vehicle in which [he][she] was being transported] [to][from][his][her] work on a public road] because [he][she] reasonably believed that escape was necessary to avoid the danger of death or serious injury, rather than with the intent to elude lawful authority. ^fn 5. the ^fn (crime charged) (lesser included offenses) must have been committed out of [duress] [necessity] to avoid the [danger][emergency]. ^fn 6. The harm that the defendant avoided must outweigh the harm caused by committing the ^fn (crime charged) (lesser included offenses). Definitions "Imminent and impending" means the [danger][emergency] is about to take place and cannot be avoided by using other means. A threat of future harm is not sufficient to prove this defense. Nor can the defendant use the defense of [duress][necessity] if [he][she] committed the crime after the danger from the threatened harm had passed. ^fn The reasonableness of the defendant's belief that [a danger][an emergency] existed should be examined in the light of all the evidence. ^fn In deciding whether it was necessary for the defendant to commit the ^fn (crime charged) (lesser included offenses , you must judge the defendant by the circumstances by which [he][she] was surrounded at the time the crime was committed. ^fn The [danger][emergency] facing the defendant need not have been actual; however to justify the commission of the ^fn (crime charged) (lesser included offenses) , the appearance of the [danger][emergency] must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the [danger][emergency] could be avoided only by committing the ^fn (crime charged) (lesser included offenses) . Based upon appearances, the defendant must have actually believed that the [danger] [emergency] was real. ^fn If you find from the evidence that the defendant committed the ^fn (crime charged) (lesser included offenses) out of [duress] [necessity], you should find the defendant not guilty. ^fn However if you find that the defendant did not commit the ^fn (crime charged) (lesser included offenses) out of [duress] [necessity] you should find the defendant guilty if all the elements of the charge have been proved. ^fn Note to Judge Duress is not a defense to an intentional homicide. See Wright v. State, 402 So.2d 493 (Fla. 3d DCA 1981). Note to Judge Give before a new penalty phase jury [ A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to disregard an aggravating circumstance if you have an abiding conviction that it exists. On the other hand, if, after carefully considering, comparing and weighing all the evidence, you do not have an abiding conviction that the aggravating circumstance exists, or if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the aggravating circumstance has not been proved beyond a reasonable doubt and you should disregard it, because the doubt is reasonable. ^fn It is to the evidence introduced in this proceeding, and to it alone, that you are to look for that proof. ^fn A reasonable doubt as to the existence of an aggravating circumstance may arise from the evidence, conflicts in the evidence or the lack of evidence. ^fn If you have a reasonable doubt as to the existence of an aggravating circumstance, you should find that it does not exist. However, if you have no reasonable doubt, you should find that the aggravating circumstance does exist and give it whatever weight you feel it should receive.] ^fn 3.04(c)(2) ENTRAPMENT This instruction is to be used for Judge offenses occurring on or after October 1, 1987. The defense of entrapment has been raised. was entrapped if 1. [ ^fn he ][she] ^fn was, for the purpose of obtaining evidence of the commission of a crime, induced or encouraged to engage in conduct constituting the crime of , and 2. [ ^fn he ][she] ^fn engaged in such conduct as the direct result of such inducement or encouragement, and 3. the person who induced or encouraged [ ^fn him ] [her] ^fn was a law enforcement officer or a person engaged in cooperating with or acting as an agent of a law enforcement officer, and 4. the person who induced or encouraged [ ^fn him ] [her] ^fn employed methods of persuasion or inducement which created a substantial risk that the crime would be committed by a person other than one who was ready to commit it, and 5. was not a person who was ready to commit the crime. When claim It is not entrapment if of entrapment no had the defense predisposition to commit the . had the predisposition if before any law enforcement officer or person acting for the officer persuaded, induced, or lured , [ ^fn he ] [she] ^fn had a readiness or willingness to commit if the opportunity presented itself. When claim ^fn It is also not entrapment merely of entrapment ^fn because a law enforcement officer in a no defense ^fn good faith attempt to detect crime (a) [provided the defendant the c as applicable opportunity, means and facilities to commit the offense, which the defendant intended to commit and would have committed otherwise.] (b) [used tricks, decoys or subterfuge to expose the defendant's criminal acts.] (c) [was present and pretending to aid or assist in the commission of the offense.] On the issue of entrapment, the defendant must prove to you by a preponderance ^fn the greater weight ^fn of the evidence that his criminal conduct occurred as the result of entrapment. ^fn a law enforcement officer or agent induced or encouraged the crime charged. Greater weight of the evidence means that evidence which is more persuasive and convincing. If the defendant does so, the State must prove beyond a reasonable doubt that the defendant was predisposed to commit the ^fn (crime charged) . The state must prove defendant's predisposition to commit the ^fn (crime charged) existed prior to and independent of the inducement or encouragement. ^fn Give if An informant is an agent of law applicable enforcement for purposes of the entrapment defense. ^fn If you find that the defendant was entrapped, you should find the defendant not guilty of ^fn (crime charged). If, however, you find that the defendant was not entrapped, you should find the defendant guilty if all of the elements of the charge have been proved. ^fn Note to This instruction should be given Judge only if there is some evidence of the defendant's lack of predisposition to commit the crime. See Munoz v. State, 629 So.2d 90 (Fla. 1993). 787.02 three ^fn two ^fn elements beyond a reasonable doubt: 1. [forcibly] [secretly] [by threat] [confined] [abducted] [imprisoned] [restrained] against [his] [her] will. 2. had no lawful authority. Give (a), (b), (c) or (d) as applicable ^fn 3. ^fn (Defendant) ^fn acted for any purpose other than to: ^fn a. hold for ransom or reward or as a shield or hostage. ^fn b. commit or facilitate commission of any felony. ^fn c. inflict bodily harm upon or to terrorize the victim or another person. ^fn d. interfere with the performance of any governmental or political function. ^fn Confinement of a child under the confinement is age of thirteen ( ^fn 13 ) ^fn 13 ^fn is against [ ^fn his ] [her] ^fn will if such thirteen ^fn confinement is without the consent of [ ^fn his ] [her] ^fn parent or legal guardian. FELONY DUI — PRIOR CONVICTIONS F.S. 316.193(2)(b) Before you can find the defendant guilty of DUI, the State must prove the following two elements beyond a reasonable doubt: 1. drove or was in actual physical control of a vehicle. 2. While driving or in actual physical ^fn control of the vehicle, a. [was under the influence of and/ ^fn alcoholic beverages [a chemical substance] [a controlled substance] to the extent that [his][her] normal faculties were impaired.] or ^fn b. [had a blood or breath ^fn alcohol level of 0.10 ^fn 0.08 ^fn percent ^fn or higher.] "Vehicle" is any device in, upon, give as applicable or by which any person or property is or F.S. 316.003 may be transported or drawn upon (75) a highway, except devices used exclusively upon stationary rails or tracks. "Normal faculties" mean those faculties of a person, such as ^fn include but are not limited to ^fn the ability to see, hear, walk, talk, judge distances, drive an automobile, ^fn make judgments, act in emergencies ^fn and, in general, to normally perform the many mental and physical acts of our daily lives. "Actual physical control of a vehicle" means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. ^fn "Alcoholic beverages" are considered to be substances of any kind and description which contain alcohol. ^fn ( ) is a chemical substance under 877.111 (1) Florida law. ( ) is a controlled substance under F.S. Florida law. In appropriate cases, an instruction Judge may be given on one or more of the presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c), as follows: (2)(a) ^fn 1. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 percent ^fn or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or [ ^fn her ] ^fn normal faculties were impaired. (2)(b) ^fn 2. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 percent ^fn but less than 0.08 percent ^fn , you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired; or , ^fn (2)(c) ^fn 3. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 percent ^fn or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn [ ^fn his ] ^fn or [ ^fn her ] ^fn normal faculties were impaired. Defense of inoperability; ^fn give if applicable ^fn It is a defense to the charge of driving or being in actual physical control of a vehicle while under the influence if at the time of the alleged offense the vehicle was inoperable. ^fn However, it is not a defense if, while impaired, the defendant drove or was in actual physical control of the vehicle before it became inoperable. ^fn Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. ^fn However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty if all the other elements of the charge have been proved beyond a reasonable doubt. ^fn FELONY DUI — SERIOUS BODILY INJURY F.S. 316.193(3)(c)(2) Before you can find the defendant guilty of DUI with ^fn Causing ^fn Serious Bodily Injury, the State must prove the following three elements beyond a reasonable doubt: 1. drove or was in actual physical control of a vehicle. 2. While driving or while ^fn in actual physical ^fn control of the vehicle, a. [was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his][her] normal faculties were impaired.] or ^fn b. [had a blood or breath ^fn alcohol level of 0.10 ^fn 0.08 ^fn percent ^fn or higher.] 3. As a result 316.003 "Vehicle" is any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. "Normal faculties" mean those faculties of a person, such as ^fn include but are not limited to ^fn the ability to see, hear, walk, talk, judge distances, drive an automobile, ^fn make judgments, act in emergencies ^fn and, in general, to normally perform the many mental and physical acts of our daily lives. "Actual physical control of a vehicle" means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. ^fn "Alcoholic beverages" are considered to be substances of any kind and description which contain alcohol. ^fn 877.111 ( ) is a chemical substance under Florida law. ( ) is a controlled substance under Florida law. 316.1933 "Serious bodily injury" means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. In appropriate cases, an instruction may be given on one or more of the presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c), as follows: (2)(a) ^fn 1. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 percent ^fn or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired. (2)(b) ^fn 2. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 percent ^fn but less than 0.08 percent ^fn , you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired; or , ^fn (2)(c) ^fn 3. ^fn If you find from the evidence that the defendant had a blood or breath a lcohol level of 0.08 percent ^fn or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence. These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired. Defense of inoperability; ^fn give if applicable ^fn It is a defense to the charge of driving or being in actual physical control of a vehicle while under the influence if at the time of the alleged offense the vehicle was inoperable. ^fn However, it is not a defense if, while impaired, the defedant drove or was in actual physical control of the vehicle before it became inoperable. ^fn Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. ^fn However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty if all the other elements of the charge have been proved beyond a reasonable doubt. ^fn DUI MANSLAUGHTER F.S. 316.193(3)(c)3 Before you can find the defendant guilty of DUI Manslaughter, the State must prove the following three elements beyond a reasonable doubt: 1. operated ^fn drove or was in actual physical control of ^fn a vehicle. See Magaw v. State, 537 So.2d 564 (Fla. 1989) ^fn 2. (Defendant) ^fn , by reason of such operation, caused or contributed to the cause of the death of ^fn (victim) ^fn . ^fn While driving or while in actual physical control of the vehicle, ^fn (defendant) Give 2(a) or 2(b) as applicable ^fn a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his][her] normal faculties were impaired. or ^fn b. had a blood or breath alcohol level of 0.08 or higher. ^fn Give 3a and or 3b as applicable ^fn 3. At the time of such operation ^fn (defendant) ^fn a. [was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his][her] normal faculties were impaired.] ^fn b. [had a blood or breath alcohol level of 0.10 percent or higher.] ^fn See ^fn Magaw v. State, ^fn 537 So.2d 564 (Fla. 1989) ^fn As a result, ^fn (defendant) ^fn caused or contributed to the cause of the death of ^fn (victim) ^fn . 316.003 "Vehicle" is any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. "Normal faculties" mean those faculties of a person, such as ^fn include but are not limited to ^fn the ability to see, hear, walk, talk, judge distances, drive an automobile, ^fn make judgments, act in emergencies ^fn and, in general, to normally perform the many mental and physical acts of our daily lives. "Actual physical control of a vehicle"means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. ^fn "Alcoholic beverages" are considered to be substances of any kind and description which contain alcohol. ^fn 877.111 is a chemical substance under Florida law. is a controlled substance under Florida law. In appropriate cases, an instruction may be given on one or more of the presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c), as follows: (2)(a) ^fn 1. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 percent ^fn or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired. (2)(b) ^fn 2. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 percent ^fn but less than 0.08 percent ^fn , you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired; or , ^fn (2)(c) ^fn 3. ^fn If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 percent ^fn or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn [ ^fn his ] ^fn or ^fn [ ^fn her ] ^fn normal faculties were impaired. Defense of inoperability; ^fn give if applicable ^fn It is a defense to the charge of driving or being in actual physical control of a vehicle while under the influence if at the time of the alleged offense the vehicle was inoperable. ^fn However, it is not a defense if, while impaired, the defendant drove or was in actual physical control of the vehicle before it became inoperable. ^fn Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. ^fn However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty if all the other elements of the charge have been proved beyond a reasonable doubt. ^fn UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS ^fn F.S. 794.05 [NEW] ^fn Before you can find the defendant guilty of sexual activity with a minor, the State must prove the following three elements beyond a reasonable doubt: ^fn Elements ^fn 1. ^fn (Victim) ^fn was 16 or 17 years of age. ^fn 2. ^fn (Defendant) ^fn was age 24 or older. ^fn 3. [ ^fn (Defendant) ^fn engaged in sexual activity with a minor in which the sexual organ of the ^fn (defendant) ^fn ] ^fn (victim) ^fn ] penetrated or had union with the [anus] [vagina] [mouth] of the ^fn (victim ^fn )] ^fn (defendant) ^fn ]. ^fn Give if applicable ^fn Sexual activity does not include an act done for a bona fide medical purpose. ^fn

____________________________________________________________________________ SECTION CHARGED OFFENSE CATEGORY 1 CATEGORY 2 ____________________________________________________________________________ (1) Driving under the influence None Attempt ____________________________________________________________________________ (2)(b) Felony DUI — prior convictions None Attempt ____________________________________________________________________________ (3)(c) (1) DUI with damage to property or person DUI — (1) None ____________________________________________________________________________ (3)(c) (2) DUI with serious bodily injury DUI — (1) DUI — (3)(c)(1) ____________________________________________________________________________ (3)(c) (3) DUI manslaughter DUI — (1) DUI serious bodily injury — (3)(c)(2) DUI damage to person or property — (3)(c) Vehicular homicide — ____________________________________________________________________________ 550.361 Bookmaking on grounds of permit holder (adapted from former 849.24) None Attempt ____________________________________________________________________________ (1) First degree (premeditated) murder Second degree (depraved mind) murder — (2) Manslaughter — Second degree (felony) murder — (3) Third degree (felony murder) — (4) Vehicular homicide — (Nonhomicide lessers) Attempt Culpable negligence — (2) Aggravated battery Aggravated assault — Battery — Assault — ____________________________________________________________________________ (1) First degree (felony) murder Second degree (depraved mind) murder — (2) Manslaughter — Second degree (felony) murder — (3) Third degree (felony) murder — (4) (Nonhomicide lessers) Aggravated battery — Aggravated assault — Battery — Assault — 784.0111 ____________________________________________________________________________ (1)(a) Attempted first degree (premeditated) murder Attempt second degree (depraved mind) murder — (2) Attempt voluntary manslaughter — Aggravated assault — Aggravated battery — Assault — Battery — ____________________________________________________________________________ (2) Second degree (depraved mind) murder Manslaughter — Third degree (felony) murder — (4) Vehicular homicide — (Nonhomicide lessers) Attempt Culpable negligence — (2) Aggravated battery — Aggravated assault — Battery — Assault — ____________________________________________________________________________ (3) Second degree (felony) murder None Third degree (felony) murder — (4) ____________________________________________________________________________ Felony causing bodily injury None Felony causing bodily injury — (2) Felony causing bodily injury — (3) ____________________________________________________________________________ (4) Third degree (felony) murder None Aggravated assault — Battery — Assault — ____________________________________________________________________________ Manslaughter None Vehicular homicide — (Nonhomicide lessers) Attempt Aggravated assault — Battery — Assault — Culpable negligence — (1) Culpable negligence — (2) ____________________________________________________________________________ Vehicular Homicide Reckless driving — Culpable negligence — (1) Culpable negligence — (2) ____________________________________________________________________________ Assault None Attempt ____________________________________________________________________________ (1)(a) Aggravated assault Assault — Attempt Improper exhibition of dangerous weapons or firearms — Discharging firearms in public — ____________________________________________________________________________ (1)(b) Aggravated assault Assault — Attempt Battery None Attempt ____________________________________________________________________________ (1)(a) 1 Aggravated battery Battery — Attempt ____________________________________________________________________________ (1)(a) 2 Aggravated battery Battery — Attempt Improper exhibition of dangerous weapons or firearms — ____________________________________________________________________________ (1)(b) Aggravated battery Battery — Attempt ____________________________________________________________________________ (2) Stalking None Attempt ____________________________________________________________________________ (3) Aggravated stalking Stalking — (2) Attempt Assault — Improper exhibition of dangerous weapon — ____________________________________________________________________________ (4) Aggravated stalking Stalking — (2) Attempt Violation of injunction for protection against domestic violence — (4) ____________________________________________________________________________ (2) Culpable negligence Culpable negligence — (1) None ____________________________________________________________________________ (2) Assault of law enforcement officer Assault — Attempt ____________________________________________________________________________ (2) Battery of law enforcement officer Battery — Attempt ____________________________________________________________________________ (2)(c) Aggravated assault on law enforcement officer Aggravated assault — Assault on law enforcement officer — (2)(a) Assault — Attempt Improper exhibition of dangerous weapons or firearms — Discharging firearms in public — ____________________________________________________________________________ (2)(d) Aggravated battery on law enforcement officer Aggravated battery — Battery on law enforcement officer — (2)(b) Battery — Attempt Improper exhibition of dangerous weapons or firearms — Discharging firearms in public — ____________________________________________________________________________ (2)(a) Aggravated battery on person 65 years of age or older Aggravated battery — Battery on person 65 years of age or older — (2)(c) Battery — Attempt Improper exhibition of dangerous weapons or firearms — Discharging firearms in public — ____________________________________________________________________________ (2)(b) Aggravated assault on person 65 years of age or older Aggravated assault — Assault on person 65 years of age or older — (2)(d) Assault — Attempt Improper exhibition of dangerous weapons or firearms — Discharging firearms in public — ____________________________________________________________________________ (2)(c) Battery on person 65 years of age or older Battery — Attempt ____________________________________________________________________________ (2)(d) Assault on person 65 years of age or older Assault — Attempt Kidnapping False imprisonment — Attempt Aggravated assault — (1)(b) Battery — (1)(a) Assault — ____________________________________________________________________________ False imprisonment None Attempt Battery — (1)(a) Assault — ____________________________________________________________________________ (1) Carrying concealed weapons None Attempt ____________________________________________________________________________ (2) Carrying concealed firearms None Attempt ____________________________________________________________________________ Carrying pistol or repeating rifle without first obtaining license None Attempt ____________________________________________________________________________ (1) Persons engaged in criminal offense, having weapons None Attempt (may be applicable when concealed weapon is charged) Carrying concealed weapons — (1) Improper exhibition of dangerous weapons — ____________________________________________________________________________ (2) Persons engaged in criminal offense, having weapons None Attempt (may be applicable when concealed firearm is charged) Carrying concealed firearm — (2) Improper exhibition of dangerous firearms — ____________________________________________________________________________ Improper exhibition of weapon None Attempt Assault — ____________________________________________________________________________ Discharging firearms in public None Attempt ____________________________________________________________________________ (1) Possessing, throwing, making, placing, projecting, or discharging destructive device None None ____________________________________________________________________________ (2) Possessing, throwing, making, placing, projecting, or discharging destructive device Possessing, throwing, making, placing, projecting, or discharging destructive device — (1) Aggravated assault — Assault — ____________________________________________________________________________ (3) Possessing, throwing, making, placing, projecting, or discharging destructive device Possessing, throwing, making, placing, projecting, or discharging destructive device — (1) Possessing, throwing, making, placing, projecting, or discharging destructive device — (2) Aggravated assault — Assault — ____________________________________________________________________________ (4) Possessing, throwing, making, placing, projecting, or discharging destructive device Possessing, throwing, making, placing, projecting, or discharging destructive device — (1) Possessing, throwing, making, placing, projecting, or discharging destructive device — (3) Possessing, throwing, making, placing, projecting, or discharging destructive device — (2) Aggravated assault — Assault — ____________________________________________________________________________ Threat to throw, project, place, or discharge any destructive device None Attempt Assault — ____________________________________________________________________________ False reports of bombing None None ____________________________________________________________________________ False reports of bombing or arson or other violence to property owned by the State None Attempt False reports of bombing — ____________________________________________________________________________ Furnishing weapons to minors under 18 years of age, etc. None Attempt ____________________________________________________________________________ Selling arms to minors by dealers None Attempt ____________________________________________________________________________ Shooting or throwing missiles in dwelling None Attempt Discharging firearm in public — ____________________________________________________________________________ Possession of forbidden firearms None Attempt ____________________________________________________________________________ Felons; possession of firearms unlawful; exception; penalty None Attempt (may be applicable when concealed weapon is charged) Carrying concealed firearm — (2) Carrying concealed weapon — (1) ____________________________________________________________________________ (2) (a)(b) Sexual battery — victim under 12 Battery — Sexual battery — (5) Attempt Assault — Aggravated assault — (1)(a) Aggravated battery — (1)(a) ____________________________________________________________________________ (3) Sexual battery — victim over 12 — weapon or force Sexual battery — (5) Battery — Sexual battery — (2)(b) Attempt Aggravated battery — (1)(a) Aggravated assault — (1)(a) Assault — Sexual battery — (4) ____________________________________________________________________________ (4) Sexual battery — victim over 12 — special circumstances Sexual battery — (5) Battery — Attempt Aggravated assault — (1)(a) Assault — ____________________________________________________________________________ (5) Sexual battery — victim over 12 — without force Battery — Attempt Assault — ____________________________________________________________________________ Unnatural and lascivious act None Attempt ____________________________________________________________________________ Exposure of sexual organs None Unnatural and lascivious act — ____________________________________________________________________________ Lewd, lascivious, or indecent assault or act upon or in presence of child None Attempt Assault — Battery — Unnatural and lascivious act — ____________________________________________________________________________ (1) Arson None Arson (2) Attempt Criminal mischief — (1)(b)1 Criminal mischief — (1)(b)2. Criminal mischief — (1)(b)3. Criminal mischief — (2) ____________________________________________________________________________ Arson — Fire bomb None Attempt ____________________________________________________________________________ (1)(b)1 Criminal mischief None Attempt ____________________________________________________________________________ (1)(b)2 Criminal mischief Criminal mischief — (1)(b)1 Attempt ____________________________________________________________________________ (1)(b)3 Criminal mischief Criminal mischief — (1)(b)1 Criminal mischief — (1)(b)2 Attempt ____________________________________________________________________________ (2) Burglary with assault or battery or while armed Burglary — (4) Aggravated battery — Battery — Aggravated assault — Assault — Attempt Burglary — (3) Trespass — (2)(a) Trespass — (2)(c) ____________________________________________________________________________ (3) Burglary of dwelling; Burglary of structure or conveyance with human being inside Burglary — (4) Attempt Burglary — (3) Trespass — (2)(a) Trespass — (2)(b) ____________________________________________________________________________ (4) Burglary None Attempt Trespass — (2)(a) ____________________________________________________________________________ Possession of burglary tools None None ____________________________________________________________________________ Trespass in structure or conveyance None Attempt (except refuse to depart) ____________________________________________________________________________ Trespass on property other than structure or conveyance None Attempt ____________________________________________________________________________ (2)(a) Grand theft — first degree (property valued at $100,000 or more) Grand theft — second degree — (2)(b) Grand theft — third degree — (2)(c) (1), (2), (3) Petit theft — first degree (2)(e) Petit theft — second degree — (3)(a) Trade secrets — ____________________________________________________________________________ (2)(b) Grand theft — second degree (property valued at $20,000 or more but less than $100,000) Grand theft — third degree — (2)(c) (1), (2), (3) Petit theft — first degree (2)(e) Petit theft — second degree (3)(a) Trade secrets — ____________________________________________________________________________ (2)(c) Grand theft — third degree Petit theft — first degree — (2)(e) Petit theft — second degree (3)(a) Trade secrets — Trespass to conveyance — (2)(c)(6) ____________________________________________________________________________ (2)(d) Grand theft — third degree None Petit theft — second degree — (3)(a) ____________________________________________________________________________ (2) (e) Petit theft — first degree None Petit theft — second degree — (3)(a) ____________________________________________________________________________ (3)(b) Petit theft None None ____________________________________________________________________________ (3) (a) Petit theft — second degree None None ____________________________________________________________________________ (3)(c) Felony Petit theft None Petit theft — first degree — (2)(e) Petit theft — (3)(b) Petit theft — second degree — (3)(a) ____________________________________________________________________________ Possession of altered property None Attempt ____________________________________________________________________________ (1) Dealing in stolen property — trafficking None Grand theft — third degree — (2)(c) Petit theft — (2)(e) Petit theft — (3)(a) ____________________________________________________________________________ (2) Dealing in stolen property — managing and trafficking Dealing in stolen property — (1) None ____________________________________________________________________________ (2)(a) Robbery with a firearm or deadly weapon Robbery with a weapon — (2)(b) Robbery — (2)(c) Petit theft — (3)(a) Attempt Grand theft 1st degree — (2)(a) Grand theft 2d degree — (2)(b) Grand theft 3d degree — (2)(c) Petit theft — (2)(e) Battery — Aggravated battery — Assault — Aggravated assault — Display of firearm — Resisting a Merchant — (6) ____________________________________________________________________________ (2)(b) Robbery with a weapon Robbery — (2)(c) Petit theft — (3)(a) Attempt Grand theft 1st degree — (2)(a) Grand theft 2d degree — (2)(b) Grand theft 3d degree — (2)(c) Petit theft — (2)(e) Battery — Aggravated battery — Assault — Display of weapon — (1) Resisting a merchant — (6) ____________________________________________________________________________ (2)(c) 812.013 (2)(b) Robbery Petit theft — (3)(a) Attempt Grand theft 1st degree — (2)(a) Grand theft 2d degree — (2)(b) Grand theft 3d degree — (2)(c) Petit theft — (2)(e) Battery — Assault — Aggravated assault — Resisting a merchant — (6) ____________________________________________________________________________ Home invasion robbery Robbery — (2)(c) Petit theft — (3)(a) Petit theft — (2)(e) ____________________________________________________________________________ Burning to defraud insurer None None ____________________________________________________________________________ Sale of substance in place of a controlled substance None Attempt ____________________________________________________________________________ Incest None Attempt ____________________________________________________________________________ (1)(a) Aggravated child abuse None Attempt Child abuse — (1) Battery — only under certain circumstances , (Fla. 1st DCA 1987) ____________________________________________________________________________ (1)(b) (1)(c) (1)(d) Aggravated child abuse None Attempt Child abuse — (1) Battery — ; only under certain circumstances , (Fla. 1st DCA 1987) ____________________________________________________________________________ (3) Contributing to child delinquency or dependency or to child in need of services None Attempt ____________________________________________________________________________ (2) Sexual performance by a child None Attempt Sexual performance by a child — (5) ____________________________________________________________________________ (3) Sexual performance by a child None Attempt Sexual performance by a child — (5) ____________________________________________________________________________ (4) Sexual performance by a child Sexual performance by a child — (5) Attempt ____________________________________________________________________________ (5) Sexual performance by a child None Attempt ____________________________________________________________________________ Forgery None Attempt ____________________________________________________________________________ Uttering forged instrument None None ____________________________________________________________________________ Stopping payment; purchase of farm or grove products None Attempt, except when uttering is charged — under $150 ____________________________________________________________________________ Stopping payment with intent to defraud None Attempt, except when uttering is charged if farm or grove product under $150 Worthless check — (2) (first degree misdemeanor) ____________________________________________________________________________ (2) Worthless checks None Attempt, except when uttering is charged (2) under $150 ____________________________________________________________________________ (4) Obtaining property by worthless checks Worthless check — (2) Attempt ____________________________________________________________________________ Perjury not in official proceeding None None ____________________________________________________________________________ Perjury in official proceeding None None ____________________________________________________________________________ Perjury by contradictory statements None None ____________________________________________________________________________ False reports to law enforcement authorities None None ____________________________________________________________________________ False official statements None None ____________________________________________________________________________ (1) Bribery of public servant None Attempt if only "give" is charged ____________________________________________________________________________ Bribery None Attempt if only "accept" is charged ____________________________________________________________________________ (1) Bribery by a public servant None Attempt if only "give" or "accept" is charged ____________________________________________________________________________ Unlawful compensation for official behavior None Attempt if only "give" or "accept" is charged ____________________________________________________________________________ Corruption by threat against public servant None Attempt if only harm is charged ____________________________________________________________________________ (1) Bribery in athletic contests None Attempt if only give is charged ____________________________________________________________________________ (2) Bribery in athletic contests None Attempt if only accept is charged ____________________________________________________________________________ Resisting officer with violence None Resisting officer without violence — ____________________________________________________________________________ Resisting officer without violence None Attempt ____________________________________________________________________________ Keeping gambling house None Lottery — (1)(f) Lottery — (1)(k) Lottery — ____________________________________________________________________________ (849.02) Maintaining a gambling establishment None Lottery — (1)(f) Lottery — (1)(k) Lottery — 894.11 ____________________________________________________________________________ (849.02) Permitting gambling None Lottery — (1)(f) Lottery — (1)(k) Lottery — ____________________________________________________________________________ Agents, servants, etc., of keeper of gambling house None Lottery — (1)(f) Lottery — (1)(k) ____________________________________________________________________________ Renting house for gambling purposes None None ____________________________________________________________________________ Renting space for gambling None None ____________________________________________________________________________ Permitting minors and persons under guardianship to gamble None Permitting gambling on billiard or pool table by holder of license — Playing at games of chance by lot — ____________________________________________________________________________ Gambling None None ____________________________________________________________________________ (1)(a) Lottery None Lottery — (1)(f) Lottery — (1)(g) Lottery — (1)(h) Lottery —(1)(i) Lottery — (1)(j) Lottery — (1)(k) Playing at game of chance by lot — Gambling devices, etc. — ____________________________________________________________________________ (1)(b) Lottery None Lottery — (1)(f) Lottery — (1)(g) Lottery — (1)(h) Lottery — (1)(i) Lottery — (1)(j) Lottery — (1)(k) Gambling devices, etc. — ____________________________________________________________________________ (1)(c) Lottery None Lottery — (1)(f) Lottery —(1)(g) Lottery — (1)(h) Lottery — (1)(i) Lottery — (1)(j) Lottery — (1)(k) Gambling devices, etc. — ____________________________________________________________________________ (1)(d) Lottery None Lottery — (1)(f) Lottery — (1)(g) Lottery — (1)(h) Lottery — (1)(i) Lottery — (1)(j) Lottery — (1)(k) Playing at games of chance by lot — Gambling devices, etc. — ____________________________________________________________________________ (1)(g) Lottery None None ____________________________________________________________________________ (1)(h) Lottery None None ____________________________________________________________________________ (1)(k) Lottery None None ____________________________________________________________________________ Betting None None ____________________________________________________________________________ (1) and (2) Bookmaking None Attempt ____________________________________________________________________________ (1)(a) Sale, manufacture, delivery or possession with intent to sell, manufacture or deliver controlled substance None Attempt, except when delivery is charged (3) if delivery of cannabis is charged; (6)(b) if possession of cannabis is charged; (6)(a) — if possession is charged and offense would be a second degree felony under (1)(a)1. ____________________________________________________________________________ (1)(b) Sale or delivery or possession of more than 10 grams of controlled substance Sale or delivery of controlled substance — (1)(a) Attempt, except when delivery is charged (6)(a) if possession is charged ____________________________________________________________________________ (1)(c) Sale, manufacture, delivery, etc. near public or private elementary, middle or secondary school Sale, manufacture, delivery, etc. — (1)(a) Attempt, except when delivery is charged; (6)(a) if possession is charged and the offense would be a second degree felony under (1)(a) (6)(b) if possession of cannabis is charged (3) if delivery of cannabis is charged ____________________________________________________________________________ (1)(d) Sale, manufacture, delivery, etc. near a college, university, other post-secondary educational institution or public park Sale, manufacture, delivery, etc. — (1)(a) Attempt, except when delivery is charged (6)(a) if possession is charged and the offense would be a second degree felony under (1)(a)1; (6)(b) if possession of cannabis is charged; (3) if delivery of cannabis is charged. ____________________________________________________________________________ (2)(a) Purchase or possession with intent to purchase controlled substance None Attempt; (6)(a) if possession is charged and the offense would be a second degree felony under (2)(a)1 (6)(b) if possession of cannabis is charged ____________________________________________________________________________ (2)(b) Purchase in excess of 10 grams of a controlled substance (2)(a) purchase of less than 10 grams Attempt ____________________________________________________________________________ (3) Delivery without consideration not more than 20 grams of cannabis None None ____________________________________________________________________________ (4) Delivery of controlled substance to person under 18 years old, etc. None (1)(a); (3) if delivery of cannabis is charged. ____________________________________________________________________________ (5) Bringing controlled substance into state None Attempt (6)(a); 893.14(3) if delivery of cannabis charged; (6)(b) if possession of cannabis charged. ____________________________________________________________________________ (6)(a) Possession of controlled substance None Attempt; (3) if delivery of cannabis charged; (6)(b) if possession of cannabis charged. ____________________________________________________________________________ (6)(b) Possession of not more than 20 grams of cannabis None Attempt ____________________________________________________________________________ (6)(c) Possession in excess of 10 grams of controlled substance Possession of less than 10 grams (6)(a) Attempt (6)(b) if possession of cannabis charged. ____________________________________________________________________________ (7)(a) 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Distribute or dispense a controlled substance, etc. None Attempt ____________________________________________________________________________ (7)(a)9 Obtaining controlled substances by fraud None None ____________________________________________________________________________ (1)(a) Trafficking in cannabis Trafficking offenses requiring lower quantities of cannabis — (1)(a)1 and 2 Attempt, (but not conspiracy), except when delivery is charged (1)(a) if sale, manufacture or delivery is charged (2)(a) — if purchase is charged Bringing cannabis into state — (5) Possession of cannabis — (6)(a) — (6)(b) if less than 20 grams of cannabis Delivery of less than 20 grams of cannabis — (3) ____________________________________________________________________________ (1)(b) 1 2 Trafficking in cocaine Trafficking offenses requiring lower quantities of cocaine (1)(b)1 Attempt (but not conspiracy), except when delivery is charged; (1)(a) if sale, manufacture or delivery is charged; (2)(a) if purchase is charged; Bringing cocaine into state (5); Possession of cocaine (6)(a). ____________________________________________________________________________ (1)(c) 1 2 Trafficking in illegal drugs Trafficking offenses requiring lower quantities of illegal drugs — (1)(c) 1 Attempt (but not conspiracy), except when delivery is charged; (1)(a) if sale, manufacture or delivery is charged; (2)(a) if purchase is charged; Bringing same illegal drug as charged into state — (5) Possession of same illegal drug — (6)(a). ____________________________________________________________________________ (1)(d)1 Trafficking in phencyclidine Trafficking offenses requiring lower quantities of phencyclidine — (1)(d)1.a and b. Attempt (but not conspiracy), except when delivery is charged (1)(a) if sale, manufacture or delivery is charged (2)(a) — if purchase is charged Bringing phencyclidine into state — (5); Possession of phencyclidine — (6)(a) ____________________________________________________________________________ (1)(e)1 Trafficking in methaqualone Trafficking offenses requiring lower quantities of methaqualone — (1)(e)1.a and b. Attempt (but not conspiracy), except when delivery is charged (1)(a) if sale, manufacture or delivery is charged; (2)(a) — if purchase is charged Bringing methaqualone into state — (5) Possession of methaqualone — (6)(a) ____________________________________________________________________________ (1)(f)1 Trafficking in amphetamine Trafficking offenses requiring lower quantities of amphetamine — (1)(f)1 ab Attempt (but not conspiracy), except when delivery is charged (1)(a) — if sale, manufacture or delivery is charged; (2)(a) — if purchase is charged; Bringing amphetamine into state — (5); Possession of amphetamine — (6)(a) ____________________________________________________________________________ (1) Possession of drug paraphernalia None Attempt ____________________________________________________________________________ (2) Delivery, possession with intent to deliver, or manufacture with intent to deliver drug paraphernalia None Attempt, except when delivery is charged. ____________________________________________________________________________ (3) Delivery of drug paraphernalia to a minor None None ____________________________________________________________________________ (4) Advertisement of drug paraphernalia None None ____________________________________________________________________________ Unlawful possession, etc., of listed chemical None Attempt ____________________________________________________________________________ (1) RICO — Use or investment of proceeds from pattern of racketeering activity None None ____________________________________________________________________________ (1) RICO — Use or investment of proceeds from collection of unlawful debt None None ____________________________________________________________________________ (2) RICO — Acquisition or maintenance through pattern of racketeering activity None None ____________________________________________________________________________ (2) RICO — Acquisition or maintenance through collection of unlawful debt None None ____________________________________________________________________________ (3) RICO — Conduct or participation in an enterprise through collection of unlawful debt None None ____________________________________________________________________________ (3) RICO — Conduct or participation in an enterprise through a pattern of racketeering activity None None ____________________________________________________________________________ (4) Conspiracy to engage in pattern of racketeering activity None None ____________________________________________________________________________ Escape None None ____________________________________________________________________________ Contraband in state correctional institution None Possession of less than 20 grams cannabis — (6)(b) ____________________________________________________________________________ Contraband in county detention facilities None Possession of less than 20 grams cannabis — (6)(b) ____________________________________________________________________________ (defendant) (crime charged) (lesser included offenses). (crime charged) (lesser included offenses) ] (crime charged) (lesser included offense) ] ] ] [ ] [] ] ] ) [ PENALTY PROCEEDINGS-CAPITAL CASES After the first paragraph on page 114 of the manual, the following additional language is proposed: ] ] ] ] Note to (Defendant) ] (crime charged) ] ] [] ] ] (defendant) (defendant) (crime charged) (Defendant) (defendant) ] [] (crime charged) [] [] [] Give a, b, or [] [ ] ] [ ] [ ] ] ] FALSE IMPRISONMENT F.S. Before you can find the defendant guilty of False Imprisonment, the State must prove the following [] ] Elements (Defendant) (victim) (Defendant) [ ] ] ] ] ] ] Read only if ] alleged and child is [] under [] [][] [] [] [] years of age. [] Elements (Defendant) ] (defendant) Give 2a [] [] or 2b as applicable [] ] Definitions; [ ] [] ] ] F.S. Ch. 893, Note to ] ] [ [ normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence. These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that ] ] ] Elements (Defendant) (defendant) Give 2a or 2b as applicable [] [] (defendant) caused serious bodily injury to (victim). Definitions; give as applicable F.S. (75) [ ] ] F.S. (1) Ch. 893, F.S. F.S. Note to Judge ] [] [] [] [] [] [] ] ] ] ] ] ] Elements (Defendant) ] ] ] ] ] ] ] ][] Definitions; give as applicable (75) F.S. [ ] [ ] [] [] [ ] [ ] F.S. (1) Ch. 893, F.S. ( ) ( ) Note to Judge [][] [] [][] ] [][] ][] [] [] [][] [] ][] [] ][] ] [][] [][][] normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence. These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [][] [] [][] ] [] [ ] [ [][ [][] ]