In re Standard Jury Instructions in Criminal Cases—Instructions 7.8, 7.8(A), & 11.1—11.6(A), SC15–470.
| Decision Date | 14 April 2016 |
| Docket Number | No. SC15–470.,SC15–470. |
| Citation | 190 So.3d 1055 (Mem) |
| Parties | In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTIONS 7.8, 7.8(A), and 11.1—11.6(A). |
| Court | Florida Supreme Court |
190 So.3d 1055 (Mem)
In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTIONS 7.8, 7.8(A), and 11.1—11.6(A).
No. SC15–470.
Supreme Court of Florida.
April 14, 2016.
Judge Frederic Rand Wallis, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Daytona Beach, FL; Judge Jerri Lynn Collins, Past Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Sanford, FL; and Barton Neil Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, FL, for Petitioner.
Julianne M. Holt, Public Defender, Thirteenth Judicial Circuit, Tampa, FL; Luke Newman of Luke Newman, PA, Tallahassee, FL; and William Rudolf Ponall of Snure & Ponall P.A., Winter Park, FL, Responding with Comments.
PER CURIAM.
The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted a report proposing amendments to eight existing standard criminal jury instructions and the addition of one new instruction. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee proposes amending existing instructions 7.8—Driving Under the Influence Manslaughter; 7.8(a)—Boating Under the Influence Manslaughter; 11.1—Sexual Battery—Victim Less than 12 Years of Age; 11.2—Sexual Battery–Victim 12 Years of Age or Older—Great
Force or Deadly Weapon; 11.3—Sexual Battery—Under Specified Circumstances; 11.4—Sexual Battery; 11.5—Solicitation of a Child to Engage in an Act that Constitutes Sexual Battery by Person in Familial or Custodial Authority; and 11.6—Engaging in an Act Which Constitutes Sexual Battery Upon or With a Child 12 Years of Age or Older but Younger than 18 Years of Age by Person in Familial or Custodial Authority.1 The Committee also proposes adding new instruction 11.6(a)—Engaging in an Act Which [Constituted Sexual Battery] [Injured the Sexual Organ of Another in an Attempt to Commit Sexual Battery] by a Person in Familial or Custodial Authority Upon a Person Less than 12 Years of Age.
Before filing its report with the Court, the Committee published its proposals for comment. Upon consideration of the comments received, and upon further review, the Committee modified some of its proposals. The Committee did not republish its proposals.
After the Committee filed its report, the Court published the Committee's proposals for comment. Comments were received from the Florida Association of Criminal Defense Lawyers and the Florida Public Defender Association. Having considered the Committee's report, the comments filed, and the Committee's response, we hereby authorize for publication and use new instruction 11.6(a) and amended instructions 7.8, 7.8(a), and 11.1–11.6 as proposed by the Committee.
The instructions, as set forth in the appendix to this opinion, are authorized for publication and use.2 In authorizing the publication and use of these instructions, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions. We further caution all interested parties that any comments associated with the instructions reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. New language is indicated by underlining and deleted language is indicated by struck-through type. The instructions as set forth in the appendix shall be effective when this opinion becomes final.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
Appendix
7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER
§§ 316.193(3)(a)(b)(c)3, 316.193(3)(a), (3)(b), and (3)(c)3., Fla. Stat.
To prove the crime of Driving under the Influence Manslaughter, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, (defendant)
Give 2a or 2b or both as applicable.
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.
b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
3. As a result of operating the vehicle, (defendant) caused or contributed to the cause of the death of [ (victim) ] [an unbornquickchild].
Give if §§316.193(3)(a)(b)(c)3b316.193(3)(a), (3)(b), and (3)(c)3.b., Fla. Stat., is charged.
If you find the defendant guilty of Driving under the Influence Manslaughter, you must further determine whether the State proved beyond a reasonable doubt that:
4. (Defendant), at the time of the crash,
a. knew or should have known that the crash occurred and
b. failed to give information as required by law and
c. failed to render aid as required by law.
Florida law requires that the driver of any vehicle involved in a crash resulting in injury to or death of any person, or damage to any vehicle or other property which is driven or attended by any person, must supply [his] [her] name, address, and the registration number of the vehicle [he] [she] is driving to any person injured in the crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash. Upon request and if available, the driver shall also exhibit [his] [her] license or permit to drive.
The driver shall give the same information and, upon request, exhibit his or her license or permit, to any police officer who is at the scene of the crash or who is investigating the crash.
The driver shall also render reasonable assistance to any person injured in the crash, including carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
In the event none of the persons specified above are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of a vehicle involved in the crash, after trying to fulfill the requirements listed above as much as possible, shall immediately report the crash to the nearest office of a duly authorized police authority and supply the information specified above.
Give if applicable. (Offenses committed prior to October 1, 2008, alcohol level of .20 or higher.)
If you find the defendant guilty of Driving under the Influence Manslaughter, you must also determine whether
the State has proven beyond a reasonable doubt whether:
a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle.
b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence.
Definitions. Give as applicable.
“Vehicle” is every 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” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies 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.
“Alcoholic beverages” are considered to be substances of any kind and description which contain alcohol.
§ 877.111(1), Fla. Stat.
(__________) is a chemical substance under Florida law.
Chapter 893, Fla. Stat.
(__________) is a controlled substance under Florida law.
§ 775.021(5), Fla. Stat.
An “unborn quick child” is a viable fetus means a member of the species Homo sapiens, at any stage of development, and who is carried in the womb. A fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.
Give if applicable. § 775.021(5)(b), Fla. Stat.
Driving Under the Influence Manslaughter does not...
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