In re Standard Jury Instructions in Criminal Cases-Report Number, No. SC14–2507.

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
PartiesIn re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES–REPORT NO. 2014–08.
Decision Date08 October 2015
Docket NumberNo. SC14–2507.

176 So.3d 938 (Mem)

In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES–REPORT NO. 2014–08.

No. SC14–2507.

Supreme Court of Florida.

Oct. 8, 2015.


Judge Jerri Lynn Collins, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Sanford, FL; and Bart Neil Schneider, Staff Liaison, Office of the State Courts 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. Seeart. V, § 2(a), Fla. Const.

The Committee proposes amending the following existing standard criminal jury instructions: 7.9 (Vehicular or Vessel Homicide); 11.10(f) (Lewd or Lascivious Exhibition Over Computer Service); 11.10(g) (Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility); 13.1 (Burglary); 14.9 (Exploitation of [an Elderly Person] [a Disabled Adult] ); 20.15 (Fraudulent Use of Personal Identification Information of a Minor); 20.16 (Fraudulent Use of Personal Identification Information of a Minor by a Parent or Guardian); 22.5 (Setting Up,

176 So.3d 939

Promoting, Conducting a Lottery); 22.6 (Disposing of Money, Property by Lottery); 22.7 (Conducting a Lottery Drawing); 22.8 (Assisting in Lottery); 22.9 (Selling Lottery Tickets); 22.10 (Possessing a Lottery Ticket); 22.11 (Possessing Rundown Sheets, Etc.); 23.8 (Selling a Minor into Prostitution by a [Parent] [Legal Guardian] [Person with Control of the Minor] ); 29.24 (Human Trafficking); and 29.25 (Human Trafficking by a [Parent] [Legal Guardian] [Person with Control] of a Minor). The Committee also proposes the following new jury instruction: 20.21 (Fraudulent Use of Personal Identification Information of a [Disabled Adult] [Public Servant] [Veteran] [First Responder] [State Employee] [Federal Employee] ). The Committee published its proposals in The Florida Bar News.Four comments were received by the Committee. The Court did not publish the proposals after they were filed.

Having considered the Committee's report, the comments submitted to the Committee, and the Committee's response to the Court's request for additional information, we amend the standard jury instructions as proposed by the Committee, with one modification discussed below, and authorize them for publication and use.

Section 782.071, Florida Statutes (2014), defines the offense of Vehicular Homicide, while section 782.072, Florida Statutes (2014), defines the offense of Vessel Homicide. Element 1 of instruction 7.9 differentiates between the two offenses consistent with the applicable statute. Because Vessel Homicide does not specifically provide for a separate offense for death of an unborn child, section 775.021(5),1newly enacted during the 2014 legislative session, seech. 2014–194, § 2, Laws of Fla., operates to include death of an unborn child as part of the offense of Vessel Homicide. Vehicular Homicide, on the other hand, includes death of an unborn child by any injury to the mother as part of the offense. Death of an unborn child is therefore applicable to both Vessel Homicide and Vehicular Homicide, and the italicized note in instruction 7.9 to the contrary is deleted.

We also note the following more significant changes to the jury instructions as amended. First, regarding the lottery instructions, i.e., 22.5, 22.6, 22.7, 22.8, 22.9, 22.10, and 22.11, a citation to the case that sets out the three elements defining “lottery,” Little River Theatre Corp. v. State,135 Fla. 854, 185 So. 855 (1939), is added. In addition, the definition of “lottery” is simplified to only include the three elements already set out in the instructions. Also defined are the term and phrases “bet,” “thing ventured,” and “prize by lot or chance.” The portion of the definition defining “lottery” as follows is deleted: “is a game of chance in which smaller sums of money or things of smaller value are risked for the chance of getting money or property of greater value upon the happening of an uncertain event.” Next, instruction 23.8 (Selling a Minor into Prostitution by a [Parent] [Legal Guardian] [Person with Control of the Minor] ) is removed. Finally, regarding the human trafficking instruction, 29.24, “use of coercion” is moved from the definition section to element two of the offense, where “use of coercion” is applicable to establishing the offense of “human trafficking.”

176 So.3d 940

The new and amended criminal jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use.2New language is indicated by underscoring, 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

7.9 VEHICULAR OR VESSEL HOMICIDE

§ 782.071or § 782.072, Fla. Stat.

To prove the crime of [Vehicular] [Vessel] Homicide, the Statemust prove more than a failure to use ordinary care, andmust prove the following three elements beyond a reasonable doubt:

Give 1a, 1b, or 1c as applicable. Element 1a applies to either Vehicular Homicide or Vessel Homicide. Element 1b applies to Vehicular Homicide only. Element 1c applies to Vessel Homicide only. See § 775.021(5), Fla. Stat.

1. a.(Victim) is dead.
b. An unborn child is dead by injury to the mother.
c. An unborn child is dead.
2. The death was caused by the operation of a [motor vehicle] [vessel] by(defendant).
3.(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person.

An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. The State does not have to prove the defendant intended to harm or injure anyone. However, the reckless operation of a [motor vehicle] [vessel] requires the State to prove more than a failure to use ordinary care. A “reckless manner” means in willful or wanton disregard for the safety of persons or property.

Enhanced penalty. § 782.071(1)(b)or § 782.072(2), Fla. Stat. Give if applicable.

If you find the defendant guilty of [vVehicular] [vVessel] hHomicide, you must then determine whether the State has further proved beyond a reasonable doubt that:

1. At the time of the accident,(defendant) knew, or should have known, that the accident occurred; and
2.(Defendant) failed to give information and render aid as required by
176 So.3d 941
law. (Read applicable portion of § 316.062, Fla. Stat., as charged in information or indictment.)

However, the State is not required to prove (defendant) knew that the accident resulted in injury or death.

Definitions.

Give if applicable. § 782.071(2), Fla. Stat. Applicable only to Vehicular Homicide.

“Victim” includes a human being or a viable fetus which is killed as a result of any injury to the mother. A fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures. An “unborn child” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

§ 327.02(39) Fla. Stat. Applicable only to Vessel Homicide.

“Vessel” is synonymous with boat and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Lesser Included Offenses

Comments

Culpable negligence is a Category Two...

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18 practice notes
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    ...347 (Fla. 2d DCA 1998). This instruction was adopted in 1981 and amended in 1989, 2006 [946 So.2d 1061], 2008 [994 So.2d 1038],and2015 [176 So.3d 938], and 2019.16.12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE§ 316.6135, Fla. Stat.To prove the crime of Leaving a Child Una......
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    ...the conviction of first-degree felony murder. Felony murder is defined in section 782.04(1)(a)2.d., Florida Statutes (2008), which states:176 So.3d 938[T]he unlawful killing of a human being ... when committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any ......
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    ...applies for a violation of § 800.09, Fla. Stat.288 So.3d 545 This instruction was adopted in 2013 [131 So.3d 720] and amended in 2015 [176 So.3d 938], and 2018 [257 So.3d 370], and 2020.14.1 THEFT§ 812.014, Fla. Stat.To prove the crime of Theft, the State must prove the following two elemen......
  • In re Standard Jury Instructions in Criminal Cases—report 2018-05, No. SC18-1131
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    • United States State Supreme Court of Florida
    • November 21, 2018
    ...1985 [477 So.2d 985], 1997 [697 So.2d 84], 2003 [850 So.2d 1272], 2007 [962 So.2d 310], 2008 [986 So.2d 563], 2013 [109 So.3d 721], 2015 [176 So.3d 938],and 2017 [217 So.3d 965], and 2018.13.3 TRESPASS — IN STRUCTURE OR CONVEYANCE§ 810.08, Fla. Stat.To prove the crime of Trespass in a [Stru......
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18 cases
  • In re Standard Jury Instructions in Criminal Cases—Report 2018-09, No. SC18-1692
    • United States
    • United States State Supreme Court of Florida
    • January 4, 2019
    ...347 (Fla. 2d DCA 1998). This instruction was adopted in 1981 and amended in 1989, 2006 [946 So.2d 1061], 2008 [994 So.2d 1038],and2015 [176 So.3d 938], and 2019.16.12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE§ 316.6135, Fla. Stat.To prove the crime of Leaving a Child Una......
  • Jordan v. State, No. SC13–2091.
    • United States
    • Florida Supreme Court
    • October 8, 2015
    ...the conviction of first-degree felony murder. Felony murder is defined in section 782.04(1)(a)2.d., Florida Statutes (2008), which states:176 So.3d 938[T]he unlawful killing of a human being ... when committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any ......
  • In re Standard Jury Instructions in Criminal Cases—Report 2019-09, No. SC19-1696
    • United States
    • United States State Supreme Court of Florida
    • January 16, 2020
    ...applies for a violation of § 800.09, Fla. Stat.288 So.3d 545 This instruction was adopted in 2013 [131 So.3d 720] and amended in 2015 [176 So.3d 938], and 2018 [257 So.3d 370], and 2020.14.1 THEFT§ 812.014, Fla. Stat.To prove the crime of Theft, the State must prove the following two elemen......
  • In re Standard Jury Instructions in Criminal Cases—report 2018-05, No. SC18-1131
    • United States
    • United States State Supreme Court of Florida
    • November 21, 2018
    ...1985 [477 So.2d 985], 1997 [697 So.2d 84], 2003 [850 So.2d 1272], 2007 [962 So.2d 310], 2008 [986 So.2d 563], 2013 [109 So.3d 721], 2015 [176 So.3d 938],and 2017 [217 So.3d 965], and 2018.13.3 TRESPASS — IN STRUCTURE OR CONVEYANCE§ 810.08, Fla. Stat.To prove the crime of Trespass in a [Stru......
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