In re Standard Jury Instructions in Criminal Cases—Report 2019-09, No. SC19-1696

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
Citation288 So.3d 540 (Mem)
Parties IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-09.
Decision Date16 January 2020
Docket NumberNo. SC19-1696

288 So.3d 540 (Mem)

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-09.

No. SC19-1696

Supreme Court of Florida.

January 16, 2020


Judge F. Rand Wallis, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Daytona Beach, Florida; and Bart Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida, 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.

The Committee proposes amending standard criminal jury instructions 11.10(g) (Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility), 14.1 (Theft), 21.16 (Falsely Personating an Officer), 25.7 (Possession of a Controlled Substance), and 25.14 (Use or Possession with Intent to Use Drug Paraphernalia). The Committee published the proposals in The Florida Bar News ; no comments were received by the Committee. After the Committee filed its report, the Court did not publish the proposals for comment.

Having considered the Committee's report, we authorize the proposed amendments to the instructions for publication and use as proposed. Some of the more significant changes to the instructions are discussed below.

First, instruction 11.10(g) is amended based upon the Legislature's recent amendment to section 800.09, Florida Statutes (2019), which expanded the offense to include commission of lewd or lascivious exhibition in a county detention facility. See ch. 2019-167, § 34, Laws of Fla. Thus, "county detention facility" is added as an alternative where the defendant was detained, and the definition for that term, as defined by section 951.23(1), Florida Statutes (2019), is added. In addition, the phrase "any person employed at or performing

288 So.3d 541

contractual services for a county detention facility" is added to the definition of "employee," based upon the addition of section 800.09(1)(a) 4.

Next, the theft instruction, 14.1, is amended based upon the change to the grand theft statute, section 812.014(2)(c), Florida Statutes (2019), which changed the value of the property stolen from $300 or more to $750 or more, and added the phrase "that, at the time of the taking, was installed in a building for the purpose of fire prevention and control" to the definition of "fire extinguisher." See ch. 2019-167, § 36, Laws of Fla.

Instruction 21.16 is amended also based upon recent legislation. Under chapter 2019-22, section 2, Laws of Florida, the Legislature added "a school guardian as described in s. 30.15(1)(k)" and "a security officer licensed under chapter 493" to the list of impersonated individuals covered by the crime of Falsely Personating an Officer and removed the term "watchman." In addition, "officers of the Department of Environmental Protection" are also included in the list. See ch. 2019-141, § 14, Laws of Fla. Instruction 21.16 is amended accordingly.

The amended criminal jury 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. We 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. 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. The instructions as set forth in the appendix shall become effective when this opinion becomes final.

It is so ordered.

APPENDIX

288 So.3d 542

11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY

§ 800.09, Fla. Stat.

To prove the crime of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) was detained in a [state correctional institution] [private correctional facility] [county detention facility].

2. While detained, (defendant) intentionally

Give as applicable.

a. masturbated.

b. exposed [his] [her] genitals in a lewd or lascivious manner.

c. committed [a sexual act] [sadomasochistic abuse] [sexual bestiality] [the simulation of any act involving sexual activity] that did not involve actual physical or sexual contact with a victim.

3. (Defendant's) act was intentionally committed in the presence of a person [he] [she] knew or reasonably should have known was an employee of the [institution] [facility].

Definitions. Give as applicable.

§ 944.02(8), Fla. Stat.

A "state correctional institution" is any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the Department of Corrections.

§ 944.710(3), Fla. Stat.

A "private correctional facility" is any facility, which is not operated by the Department of Corrections, for the incarceration of adults or juveniles who have been sentenced by a court and committed to the custody of the Department of Corrections.

288 So.3d 543

§ 951.23(1)(a), Fla. Stat.

A "county detention facility" is a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either a felony or a misdemeanor.

§ 800.09(1)(a), Fla. Stat.

"Employee" means [any person employed by or performing contractual services for a public or private entity operating a state correctional institution or a private correctional facility ] or [ any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs [or the correctional work programs under part II of chapter 946] ] [any person employed at or performing contractual services for a county detention facility] . [ The term also includes any person who is a parole examiner with the Parole Commission Florida Commission on Offender Review . ] .

The words "lewd" and "lascivious" mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

§ 800.04(1)(a), Fla. Stat.

"Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

Give if applicable.

"Bona fide" means genuine.

Lakey v. State, 113 So.3d 90 (Fla. 5th DCA 2013).

The definition of "an object" includes a finger.

§ 847.001(13), Fla. Stat.

"Sadomasochistic abuse" means flagellation or torture by or upon a person or animal, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.

288 So.3d 544

§ 847.001(15), Fla. Stat.

"Sexual bestiality" means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.

§ 800.04(1)(d), Fla. Stat.

"Victim" means a person upon whom the acts described above was committed or attempted or a person who has reported these acts to a law enforcement officer.

See State v. Werner, 609 So.2d 585 (Fla. 1992).

"In the presence of" means that a victim saw, heard, or otherwise sensed that the act was taking place.

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  • In re Standard Jury Instructions in Criminal Cases—Report 2019-08, No. SC19-1654
    • United States
    • United States State Supreme Court of Florida
    • January 16, 2020
    ...INS. NO. Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction 741.31(4) 8.18 for protection against domestic violence 288 So.3d 540 Violation of injunction 784.047 for protection against repeat, sexual, or dating violence Violation of injunction 784.0487(4) 8.24 for protect......
1 cases
  • In re Standard Jury Instructions in Criminal Cases—Report 2019-08, No. SC19-1654
    • United States
    • United States State Supreme Court of Florida
    • January 16, 2020
    ...INS. NO. Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction 741.31(4) 8.18 for protection against domestic violence 288 So.3d 540 Violation of injunction 784.047 for protection against repeat, sexual, or dating violence Violation of injunction 784.0487(4) 8.24 for protect......

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