In re Standard Jury Instructions in Criminal Cases—Report NO. 2013–06.
| Decision Date | 28 August 2014 |
| Docket Number | No. SC13–1914.,SC13–1914. |
| Citation | 148 So.3d 1204 (Mem) |
| Parties | In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013–06. |
| Court | Florida Supreme Court |
148 So.3d 1204 (Mem)
In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013–06.
No. SC13–1914.
Supreme Court of Florida.
Aug. 28, 2014.
Rehearing Denied Nov. 26, 2014.
Judge Jerri Lynn Collins, Chair, Supreme Court Committee on Standard Jury
Instructions in Criminal Cases, Sanford, FL, and Judge Joseph Anthony Bulone, Past Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Clearwater, FL, and Bart Schneider, Senior Attorney, Office of the States Court Administrator, Tallahassee, FL, for Petitioner.
PER CURIAM.
The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.
Following publication of its proposals in The Florida Bar News, the Committee filed its report with the Court. The Committee proposes amending the following jury instructions: 6.1 (Introduction to Attempted Homicide); 11.14, 11.14(a)–(g) (Failure by a Sexual Offender to Comply with Registration Requirements); 11.15, 11.15(a) (Failure to Register as a Sexual Predator); 11.15(b)–(k) (Failure by a Sexual Predator to Comply with Registration Requirements); and 22.15 ( [Manufacturing] [Owning] [Storing] [Keeping] [Possession of] [Permitting the Operation of] [Selling] [Leasing] [Transporting] a Slot Machine). In addition, the Committee proposes the following new jury instructions: 10.20 ( [Care] [Custody] [Possession] [Control] of [A Firearm] [Ammunition] While a Final Injunction for [Domestic Violence] [Stalking] [Cyberstalking] is in Effect); 10.21 (Improper Exhibition of a [Weapon] [Firearm] [At a School–Sponsored Event] [On School Property] [On a School Bus] [At a School Bus Stop] [Within 1,000 Feet of a School] ); 11.19 (Sexual Misconduct Between Detention Facility Employees and Inmates); and 20.20 (Mortgage Fraud). One comment was received by the Committee with respect to the Failure to Register instructions, and three comments were received with respect to the Slot Machine proposal. Upon review of the comments, the Committee made minor changes to the Slot Machine proposal that did not warrant republication. The Court did not publish the proposals after they were filed.
Having considered the Committee's report and the comments submitted to the Committee, we amend the standard jury instructions as proposed by the Committee except as noted otherwise, and authorize the amended jury instructions for publication and use.
New standard jury instruction 11.19 (Sexual Misconduct Between Detention Facility Employees and Inmates) is authorized as proposed except that the citations for the definitions of “County detention facility,” “County residential probation center,” and “Municipal detention facility,” are revised to reference the correct statutes. In addition, the definition of “Municipal detention facility” is revised to include in pertinent part, “a violation of municipal laws or ordinances.”
The new and amended instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use.1 New language is indicated by underlining,
and deleted language is indicated by struck-through type. 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. 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
6.1 INTRODUCTION TO ATTEMPTED HOMICIDE
Read in all attempted murder and attempted manslaughter by actcases.
In this case (defendant) is accused of (crime charged).
Give degrees as applicable.
Attempted murder in the first degree includes the lesser crimes of attempted murder in the second degree, attempted murder in the third degree,and attempted voluntarymanslaughter by act,all of which are forms of attempted homicide and all of which areunlawful.
An attempted killinghomicidethat is excusable or was committed by the use of justifiable deadly force is lawful.
If you find that there was an attempted killinghomicideof (victim) by (defendant), you will then consider the circumstances surrounding the attempted killinghomicidein deciding ifwhetherit was attempted first degree murder, or attempted second degree murder, or attempted third degree murder, orattempted voluntarymanslaughter by act,or whether the attempted killinghomicidewas excusable or resulted from justifiable use of deadly force.
JUSTIFIABLE ATTEMPTED HOMICIDE
TheAnattempted killinghomicideof a human beingis justifiable and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the attempted killinghomicide.
EXCUSABLE ATTEMPTED HOMICIDE
TheAnattempted killinghomicideof a human beingis excusable and therefore lawful under any one of the three following circumstances:
1. When the attemptedkillinghomicideis committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
2. When the attemptedkillinghomicideoccurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
3. When the attemptedkillinghomicideis committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the attempted
killing is not done in a cruel and unusual manner.
Definition
“Dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.
I now instruct you on the circumstances that must be proved before defendant may be found guilty of [attempted first degreemurder] [or] [attempted second degree murder] [or] attempted manslaughter by actor any lesser included crime.
Comment
This instruction was adopted in 1994 and amended in 2014.
10.20 [CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM] [AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
§ 790.233(1), Fla. Stat.
To prove the crime of (crime charged), the State must prove the following three elements beyond a reasonable doubt:
1. A judge issued a final injunction for protection against [domestic violence] [stalking] [cyberstalking] against (defendant).
2. The final injunction had been served upon (defendant) or (defendant) had acknowledged receipt.
3. While the final injunction was in force and effect, (defendant) had [ammunition] [a firearm] in [his][her] care, custody, possession, or control.
Definitions. Give as applicable.
Fla. Stat. § 790.001(6).
“Firearm” means 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; any machine gun. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. ] See Fla. Stat. § 790.001(1) for the definition of antique firearm.
Fla. Stat. § 790.001(4)
“Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and...
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