IN RE STANDARD JURY INST. IN CRIMINAL CASES-SUBMISSION 2002-1, SC02-657.
| Decision Date | 03 July 2003 |
| Docket Number | No. SC02-657.,SC02-657. |
| Citation | 850 So.2d 1272 |
| Parties | STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—SUBMISSION 2002-1. |
| Court | Florida Supreme Court |
The Honorable Philip J. Padovano, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Tallahassee, FL, for Petitioner.
The Supreme Court Committee on Standard Jury Instructions (Criminal) petitions this Court to amend the Florida Standard Jury Instructions in Criminal Cases. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The proposals were published in The Florida Bar News on April 15 and October 1, 2001, and no comments were received. A portion of the proposed amendments was republished in the November 1, 2002 edition of The Florida Bar News. Again, no comments were received.
The proposed amendments are as follows:
Proposal 1: Revised instructions on RICO offenses. Proposal 2: Revised burglary instruction.
Proposal 3: Revised theft instruction.
Proposal 4: Revised sexual battery instructions.
Proposal 5: New instruction for battery on an employee of a correctional facility.
Proposal 6: Revised instruction on submitting case to jury.
We hereby authorize the publication and use of the new and revised instructions, with minor changes, as set forth in the appendix attached to this opinion. In doing so, we express no opinion on the correctness of these instructions and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of these instructions. We further caution all interested parties that the notes and 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. New language is indicated by underlining, and deletions are indicated by struck-through type.
It is so ordered.
APPENDIX
Proposal 1. Revised instructions on RICO offenses
26.2 RICO—USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY
To prove the crime of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, the State must prove the following four elements beyond a reasonable doubt:
1. At least two of the following incidents occurred. (r R incidents alleged in information-).
Modify 1 and 2 if only two incidents alleged
2. Of those incidents which did occur, at least two of them had the same or similar [intents] [results] [accomplices] [victims] [methods of commission] or were interrelated by distinguishing characteristics and were not isolated incidents.
3. (Defendant) with criminal intent received proceeds which were derived directly or indirectly from such incidents.
4. (Defendant) [used] [invested] some of these proceeds [or proceeds derived from the investment or use thereof] either directly or indirectly [in acquiring some right, title, equity or interest in real property] [in establishing or operating an enterprise].
Define the crimes alleged as incidents.
Instruct as to the five-year limitation period (§ 895.02(4), Fla.Stat.) if appropriate. See § 895.02(4), Fla.Stat.
Define the crimes alleged as incidents
Definitions Give in every case
"Receiving proceeds with criminal intent" means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions aroused but deliberately failed to make further inquiry as to the source of the proceeds. Give as applicable § 895.02(9), Fla.Stat.
"Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property.
Give as applicable § 895.02(3), Fla.Stat.
"Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity, and includes lawful as well as unlawful enterprises and governmental as well as other entities.
An "enterprise" is an ongoing organization, formal or informal, that functions both as a continuing unit and has a common purpose of engaging in a course of conduct.
As to whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
Comment
This instruction was adopted in 1989 and amended in 2003. The definition of the term "enterprise" in this instruction is from the supreme court's opinion in Gross v. State, 765 So.2d 39 (Fla.2000). As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983).
26.3 RICO—USE OR INVESTMENT OF PROCEEDS FROM COLLECTION OF UNLAWFUL DEBT
To prove the crime of Unlawful Use or Investment of Proceeds from Collection of Unlawful Debt, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) with criminal intent received proceeds which were derived directly or indirectly through the collection of an unlawful debt.
2. (Defendant) [used] [invested] some of these proceeds [or proceeds derived from the investment or use thereof] either directly or indirectly [in acquiring some right, title, equity, or interest in real property] [in establishing or operating an enterprise].
Definitions Give in every case
"Receiving proceeds with criminal intent" means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions aroused but deliberately failed to make further inquiry as to the source of the proceeds.
"Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in Florida in whole or in part because the debt was incurred or contracted in violation of the following law: (recite applicable section and define crime).
Give as applicable § 895.02(9), Fla.Stat.
"Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property. Give as applicable§ 895.02(3), Fla.Stat.
"Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity, and includes lawfull as well as unlawful enterprises and governmental as well as other entities.
An "enterprise" is an ongoing organization, formal or informal, that both functions as a continuing unit and has a common purpose of engaging in a course of conduct.
As to whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
Comment
This instruction was adopted in 1989 and amended in 2003. The definition of the term "enterprise" in this instruction is from the supreme court's opinion in Gross v. State, 765 So.2d 39 (Fla.2000). As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983).
26.4 RICO—ACQUISITION OR MAINTENANCE THROUGH PATTERN OF RACKETEERING ACTIVITY
To prove the crime of unlawfully [acquiring] [maintaining] an interest in or control of [an enterprise] [real property], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) engaged in at least two of the following incidents. (r Read incident alleged in information-).
Modify 1 and 2 if only two incidents alleged
2. Of those incidents in which (defendant) was engaged, at least two of them had the same or similar [intents] [results] [accomplices] [victims] [methods of commission] or were interrelated by distinguishing characteristics and were not isolated incidents.
3. As a result of such incidents (defendant) [acquired] [maintained], directly or indirectly, interest in or control of [an enterprise] [real property].
Define the crimes alleged as incidents.
Instruct as to the five-year limitation period (§ 895.02(4), Fla.Stat.) if appropriate. See § 895.02(4), Fla.Stat.
Define the crimes alleged as incidents
Definitions Give as applicable § 895.02(3), Fla.Stat.
"Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity, and includes lawful as well as unlawful enterprises and governmental as well as other entities.
An "enterprise" is an ongoing organization, formal or informal, that both functions as a continuing unit and has a common purpose of engaging in a course of conduct. As to whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760.
Give as applicable § 895.02(9), Fla.Stat.
"Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
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