Proposed criminal jury instructions.
The committee proposes a revised instructions for:
10.19 Use of Self Defense Weapon
15.4 Robbery by Sudden Snatching
The committee invites all interested persons to comment on the proposal, reproduced in full below. After reviewing the comments received in response to this publication, the committee will make final recommendations to the Florida Supreme Court. Comments must be received by the committee in both hard copy and electronic format on or before May 7. Mail your comments to Judge Terrell D. Terrell, Chair of the Standard Jury Instructions Committee in Criminal Cases, c/o Les Garringer, Office of the General Counsel, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900. The electronic copy must be e-filed to CrimJuryInst@flcourts.org, as a Word document.
10.19 USE OF A SELF-DEFENSE WEAPON
[section] 790.054 Fla. Stat.
To prove the crime of using a self-defense weapon against a law enforcement officer, the state must prove the following four elements beyond a reasonable doubt:
1. (Defendant) intentionally used a [self-defense chemical spray] [nonlethal stun gun] [nonlethal electric weapon] [[begin strikethrough]remote[end strikethrough] dart firing stun gun] against (victim).
2. (Victim) was at the time a law enforcement officer.
3. (Defendant) knew (victim) was a law enforcement officer.
4. At the time of the incident, (victim) was engaged in the lawful performance of [his] [her] duties.
The court now instructs you that (name of official position of victim designated in charge) is a law enforcement officer. Do not read the name of the victim in this part of the instruction.
Lesser Included Offenses USE OF A SELF-DEFENSE WEAPON [section] 790.054 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Battery 784.03(1)(a) 8.3
This instruction is based on section 790.054, Florida Statutes, (1997). In giving this instruction, do not refer to the victim by name in the last sentence of the instruction. That sentence must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So.2d 1025 (Fla. 1991).
This instruction was adopted in 2000 [765 So.2d 692] and amended in 2007.
15.4 ROBBERY BY SUDDEN SNATCHING [section] 812.131, Fla. Stat.
To prove the crime of Robbery By Sudden Snatching, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) took the (money or property described in charge) from the person of (person alleged).
2. The property taken was of some value.
3. The taking was with the intent to permanently or temporarily deprive (victim) or the owner of [his][her] right to the property.
4. In the course of the taking, (victim) was or became aware of the taking.
"In the course of the taking" includes an act occurring in an attempt to commit Robbery By Sudden Snatching or in fleeing after the attempt or commission thereof, and means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events. It is not necessary that the State show that the defendant used any amount of force beyond that effort necessary to obtain possession of the money or other property, that there was any resistance offered by the victim or that there was any injury to the victim's person.
Title to property.
In order for a taking to be Robbery By Sudden Snatching, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has possession of the property at the time of the offense.
Enhanced penalty. Give if applicable
If you find the defendant guilty of the crime of Robbery By Sudden Snatching, then you must further determine beyond a reasonable doubt if "in the course of committing the Robbery By Sudden Snatching" the defendant carried some kind of weapon. An act is "in the course of committing a Robbery By Sudden Snatching" if it occurs in an attempt to commit Robbery By Sudden Snatching or in fleeing after the attempt or commission.
With a firearm.
If you find that the defendant carried a firearm in the course of committing the Robbery By Sudden Snatching, you should find [him][her] guilty of Robbery By Sudden Snatching with a firearm.
With a deadly weapon.
If you find that the defendant carried a (deadly weapon described in charge) in the course of committing the Robbery By Sudden Snatching, and that the (deadly weapon described in charge) was a deadly weapon, you should find [him][her] guilty of Robbery By Sudden Snatching with a deadly weapon.
With no firearm or deadly weapon.
If you find that the defendant carried no firearm or deadly weapon in the course of committing the Robbery By Sudden Snatching, but did commit the Robbery By Sudden Snatching, you should find [him][her] guilty only of Robbery By Sudden Snatching.
A "firearm" is legally defined as (adapt from [section] 790.001(6), Fla. Stat., as required by allegations).
A weapon is a "deadly weapon" if it is any object that is used or threatened to be used in a way likely to produce death or great bodily harm.
Lesser Included Offenses
Robbery By Sudden Snatching--812.131 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO Petit theft-- 812.014(3)(a) 14.1 second degree Grand theft--third degree 812.014(2)(c) 14.1 Petit theft--first degree 812.104(2)(e) 14.1 Battery 784.03 8.3 Assault 784.011 8.1 Resisting a merchant 812.015(6) 14.4
This instruction was adopted in 2007.
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|Publication:||Florida Bar News|
|Date:||Apr 15, 2007|
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