In re Standard Jury Instructions in Criminal Cases—Report 2018-14
| Decision Date | 11 April 2019 |
| Docket Number | No. SC18-2030,SC18-2030 |
| Parties | IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-14. |
| 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 standard jury instructions 3.3(d) (Possession of a [Firearm] [Destructive Device] [and Discharge] [Causing [Great Bodily Harm] [Death] ] ), 8.5(a) (Domestic Battery by Strangulation), 16.5 (Neglect of a Child), 21.14 (False Information to Law Enforcement Investigating a Missing Person 16 Years of Age or Younger Who Suffers [Great Bodily Harm] [Permanent Disability] [Permanent Disfigurement] [Death] ), and 29.24 (Human Trafficking), 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 filed its report on December 7, 2018, having published its proposals in the October 15, 2018, edition of The Florida Bar News . No comments were received by the Committee. We authorize the proposed amendments to the instructions for publication and use as proposed. The significant changes to the instructions are as follows.
First, instructions 3.3(d), 8.5(a), 16.5, 21.14, and 29.24 each include the definition for "great bodily harm" as provided in Wheeler v. State , 203 So.3d 1007, 1009 (Fla. 4th DCA 2016), to be given if applicable.
Next, instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include the definition of "firearm."
Lastly, the definition of "bona fide" as "genuine" is added to instruction 29.24, consistent with the sex-offense-related instructions. See In re Stnd. Jury Instrs. in Criminal Cases—Report 2018-04 , 257 So.3d 370, 374 (Fla. 2018).
Having considered the Committee's report, we authorize the amended instructions as set forth in the appendix to this opinion 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
3.3(d) POSSESSION OF A [FIREARM] [DESTRUCTIVE DEVICE] [AND DISCHARGE] [CAUSING [GREAT BODILY HARM] [DEATH]]
§ 775.087(2), Fla. Stat.
Give if applicable.
If you find that (defendant)committed (felony identified in §775.087(2)(a)3, Fla. Stat.)and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] discharged a [firearm] [destructive device], and in doing so, caused [great bodily harm to] [the death of] (victim),you should find the defendant guilty of (felony)with discharge of a [firearm] [destructive device] causing [great bodily harm] [death].
Wheeler v. State, 203 So.3d 1007 (Fla. 4th DCA 2016).
"Great bodily harm" means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
Give if applicable.
If you find that (defendant)committed (felony identified in § 775.087(2)(a)2, Fla. Stat.)and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] discharged a [firearm] [destructive device], you should find the defendant guilty of (felony)with discharge of a [firearm] [destructive device].
If you find that (defendant)committed (felony listed in § 775.087(2)(a)1, Fla. Stat.)and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] actually possessed [a firearm] [a destructive device], you should find the defendant guilty of (felony)with actual possession of a [firearm] [destructive device].
A ["firearm"] ["destructive device"] is legally defined as (adapt from § 790.001(4) or § 790.001(6) Fla. Stat.).
§ 790.001(6), Fla. Stat.
A "firearm" is legally defined as 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; or any machine gun. [The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.]
§ 790.001(1), Fla. Stat., contains the definition of "antique firearm."
§ 790.001(4), Fla. Stat., contains the definition of "destructive device."
Give aand/or bor bothas applicable.See§ 775.087(4), Fla. Stat.
To "actually possess" a firearm means that the defendant
Comment
This instruction was adopted inJuly 1992 and amended in 2008 [995 So.2d 489], and 2019.
8.5(a) DOMESTIC BATTERY BY STRANGULATION
§ 784.041(2)(a), Fla. Stat.
To prove the crime of Domestic Battery by Strangulation, the State must prove the following three elements beyond a reasonable doubt:
Give as applicable.
"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
"Dating relationship" means a continuing and significant relationship of a romantic or intimate nature.
Wheeler v. State, 203 So.3d 1007 (Fla. 4th DCA 2016).
"Great bodily harm" means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
Comment
This instruction was adopted in 2008 , and amended in 2019.
16.5 NEGLECT OF A CHILD
§ 827.03(2)(b), Fla. Stat.
(Great Bodily Harm, Permanent Disability, or Permanent Disfigurement)
To prove the crime of Neglect of a Child Causing [Great Bodily Harm] [Permanent Disability] [Permanent Disfigurement], the State must prove the following four elements beyond a reasonable doubt:
Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
Definition. Give in all cases.
"Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.
Definition. Give if applicable.
I will now define what is meant by the term "culpable negligence": Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care for others. For negligence to be called culpable negligence, it must be gross and flagrant. The negligence must be committed with an utter disregard for the safety ofothers. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.
Great bodily harm. Wheeler v. State, 203 So.3d 1007 (Fla. 4th DCA 2016).
"Great bodily harm" means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
Comment
This instruction was adopted in 2002 and amended in 2013 [122...
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In re Standard Jury Instructions in Criminal Cases—Report 2019-01
...slight, trivial, minor, or moderate harm, and as such does not include mere bruises." See, e.g. , In re Std. Jury Instrs. in Criminal Cases—Report 2018-14 , 267 So. 3d 980 (Fla. 2019) (authorizing instructions 3.3(d), 8.5(a), 16.5, 21.14, and 29.24 to include the definition); In re Std. Jur......
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In re Standard Jury Instructions in Criminal Cases—Report 2019-04
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