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Jury instructions from criminal cases


The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended and new instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following instructions:

21.14 GIVING FALSE INFORMATION TO LAW ENFORCEMENT (FELONY)


21.15 GIVING FALSE INFORMATION TO LAW ENFORCEMENT (MISDEMEANOR)


28.5(a) RACING ON HIGHWAY


The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in both hard copy and electronic format on or before September 14. The committee will review all comments received in response to the above proposal at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instruction, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to
[email protected], in the format of a Word document. In addition, mail a hard copy of your comments to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel’s Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900.

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]

§ 837.055(2), Fla. Stat.

To prove the crime of 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], the State must prove the following six elements beyond a reasonable doubt:

      1. (Name of law enforcement officer) was conducting a missing person investigation involving a child 16 years of age or younger.

      2. (Name of law enforcement officer) was a law enforcement officer.

      3. (Defendant) knew (name of law enforcement officer) was a law enforcement officer.

      4. (Defendant) knowingly and willfully gave false information to (name of law enforcement officer). 5. (Defendant) intended to mislead (name of law enforcement officer) or impede the investigation.

      6. The child who was the subject of the investigation suffered [great bodily harm] [death] [permanent [disability] [disfigurement]].

Definition.
Patterson v. State, 512 So. 2d 1109 (Fla. 1 st DCA 1987).
“Willfully” means knowingly, intentionally, and purposely.

Lesser Included Offenses

FALSE INFORMATION TO LAW ENFORCEMENT INVESTIGATING A MISSING PERSON 16 YEARS OF AGE OR YOUNGER WHO SUFFERS [GREAT BODILY HARM] [DEATH] [PERMANENT [DISABILITY] [DISFIGUREMENT]] – § 837.055(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Knowingly Giving False Information Concerning a Missing Person Investigation 837.055(1) 21.15
Knowingly Giving False Information Concerning a Felony Criminal Investigation 837.055(1) 21.15
Attempt 777.04(1) 5.1

Comment

There is no case law regarding the definition of “law enforcement officer.”

This instruction was adopted in 2012.

18.3 21.15 FALSE INFORMATION TO LAW ENFORCEMENT

§ 837.055 (1) Fla. Stat.

To prove the crime of False Information to Law Enforcement, the State must prove the following five elements beyond a reasonable doubt:

      1. (Name of law enforcement officer) was conducting a [missing person investigation] [felony criminal investigation].

      2. (Name of law enforcement officer ) was a law enforcement officer.

      3. (Defendant) knew that (name of law enforcement officer) was a law enforcement officer.

      4. (Defendant) knowingly and willfully gave false information to (name of law enforcement officer) .

      5. (Defendant ) intended to mislead (name of law enforcement officer) or impede the investigation.

Definition.
Patterson v. State, 512 So. 2d 1109 (Fla. 1 st DCA 1987).
“Willfully” means intentionally, knowingly and purposely.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

FALSE INFORMATION TO LAW ENFORCEMENT 837.055(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt 777.04(1) 5.1

Comment

There is no case law regarding the definition of “law enforcement officer.”

This instruction was adopted in 2008 [995 So. 2d 485] and 2012.

28.5(a) RACING ON A HIGHWAY
§ 316.191 (3)(a), Fla. Stat.

To prove the crime of Racing on a Highway, the State must prove the following element beyond a reasonable doubt:

      Give a, b, c, or d as applicable.

      (Defendant)

          a. drove a motor vehicle in

          b. [participated] [coordinated] [facilitated] [collected monies] at the any location of for

          c. knowingly rode as a passenger in

          d. purposefully caused moving traffic to slow or stop for

[a race] [a drag race or acceleration contest] [a speed competition or contest] [a test of physical endurance] [an exhibition of speed or acceleration ] [an attempt to make a speed record] on a [highway] [road way ] [parking lot].

Definitions.
Fla. Stat. § 316.191(1)(b).
Drag race means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.

Fla. Stat. § 316.003(21).
Motor vehicle means a ny self-propelled vehicle not operated upon rails or guideway, including a motorcycle , but not a including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped.

Fla. Stat. § 316.191(1)(c).
Race means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of circumstances, can reasonably be interpreted as a challenge to race.

Fla. Stat. § 316.003(42).
Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term roadway as used herein refers to any such roadway separately, but not to all such roadways collectively.

Fla. Stat. § 316.003(53).
Street or highway means

(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;

(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place;

(c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or

(d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

RACING ON A HIGHWAY — 316.191(3)(a)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt 777.04(1) 5.1

Comment


This instruction was adopted in 2009 [6 So. 3d 574] and amended in May 2012, and 2012 .

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