In re Standard Jury Instructions in Criminal Cases—Report 2019-08
| Decision Date | 16 January 2020 |
| Docket Number | No. SC19-1654,SC19-1654 |
| Citation | 288 So.3d 530 (Mem) |
| Parties | IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-08. |
| Court | Florida Supreme Court |
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
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 8.6 (Stalking), 8.7(a) (Aggravated Stalking), 8.7(b) (Aggravated Stalking (Injunction Entered)), 8.7(c) (), and 8.7(d) (). The Committee filed its report after publishing the proposals in The Florida Bar News . No comments were received by the Committee.
Having considered the Committee's report, we amend the standard jury instructions as proposed by the Committee and authorize them for publication and use. All of the instructions are updated to include the amended definition for "cyberstalk" based upon chapter 2019-167, section 31, Laws of Florida, which amended section 784.048(1)(d), Florida Statutes (2019). In addition, instruction 8.7(b) is amended to move the citation to Seese v. State , 955 So. 2d 1145 (Fla. 4th DCA 2007), from the comment section to above the definition for "maliciously." Finally, in instruction 8.7(d), the citation to Seese and the definition for "maliciously" are added.
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
§ 784.048(2), Fla. Stat.
To prove the crime of Stalking, the State must prove the following element beyond a reasonable doubt:
(Defendant)willfully, maliciously, and repeatedly [followed] [harassed] [or] [cyberstalked] (victim).
Definition s.
§ 784.048(1)(a), Fla. Stat.
"Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
§ 784.048(1)(b), Fla. Stat.
"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
Patterson v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means knowingly, intentionally and purposely.
Give if applicable.
§ 784.048(1)(d), Fla. Stat.
"Cyberstalk" means [to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person,] [or] [to access or attempt to access the online accounts or Internet-connected home electronic systems of another person without that person's permission,] causing substantial emotional distress to that person and serving no legitimate purpose.
Comment
This instruction was approved in 1995 and amended in 2007 [953 So.2d 495],and 2013 [131 So.3d 755], and 2020.
§ 784.048(3), Fla. Stat.
To prove the crime of Aggravated Stalking, the State must prove the following two elements beyond a reasonable doubt:
§ 784.048(1)(a), Fla. Stat.
"Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
§ 784.048(1)(b), Fla. Stat.
"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
Patterson v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means knowingly, intentionally and purposely.
Give if applicable.
§ 784.048(1)(d), Fla. Stat."Cyberstalk" means [to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person,] [or] [to access or attempt to access the online accounts or Internet-connected home electronic systems of another person without that person's permission,] causing substantial emotional distress to that person and serving no legitimate purpose.
§ 784.048(1)(c), Fla. Stat.
"Credible threat" means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.
It is not necessary for the State to prove that the person making the threat had the actual intent to carry out the threat.
Give if applicable.
The present incarceration of the person making the threat is not a bar to prosecution.
Comment
This instruction was approved in 1995 and amended in 2007 [953 So.2d 495],and 2013 [131 So.3d 755], and 2020.to incorporate the change in law effective October 1, 2012.
(Injunction Entered)
§ 784.048(4), Fla. Stat.
To prove the crime of Aggravated Stalking, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) knowingly, willfully, maliciously, and repeatedly [followed] [harassed] [or] [cyberstalked] (victim).
Give 2a or 2bor bothas applicable.
§ 784.048(1)(a), Fla. Stat.
"Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
§ 784.048(1)(b), Fla. Stat.
"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
Patterson v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means knowingly, intentionally and purposely.
Give if applicable.
§ 784.048(1)(d), Fla. Stat."Cyberstalk" means [to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person,] [or] [to access or attempt to access the online accounts or Internet-connected home electronic systems of another person without that person's permission,] causing substantial emotional distress to that person and serving no legitimate purpose.
Seese v. State. 955 So.2d 1145 (Fla. 4th DCA 2007).
"Maliciously" means wrongfully, intentionally, and without legal justification or excuse.
Comments
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