Amendments to criminal jury instructions

Aug 01, 2015 Notices

Amendments to criminal jury instructions

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

28.4 – LEAVING THE SCENE OF A CRASH INVOLVING [DEATH] [SERIOUS
BODILY INJURY] [INJURY]
28.8(b) – AGGRAVATED FLEEING OR ELUDING
28.8(c) – AGGRAVATED FLEEING OR ELUDING
28.8(d) – AGGRAVATED FLEEING OR ELUDING
28.8(e) – AGGRAVATED FLEEING OR ELUDING

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in either electronic format or hard copy on or before August 31, 2015. 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. If you cannot file electronically, mail a hard copy of the comment 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.

28.4 LEAVING THE SCENE OF A CRASH INVOLVING

[DEATH] [SERIOUS BODILY INJURY] [INJURY]
§ 316.027 (1 2 ), Fla. Stat.; § 316.062, Fla. Stat.

To prove the crime of Leaving the Scene of a Crash Involving [Death] [Injury], the State must prove the following four elements beyond a reasonable doubt:

was the driver of a vehicle involved in a crash or accident occurring on public or private property resulting in [injury to] [death of] any person.

knew that [he] [she] was involved in a crash or accident.

Give 3a if death is charged or 3b if injury or serious bodily injury is charged.

knew, or should have known from all of the
circumstances, including the nature of the crash or accident,
of the injury to or death of the person.b.

knew, or should have known from all of the
circumstances, including the nature of the crash or accident,
of the injury to the person.

Give 4a, 4b, or both as applicable.

willfully failed to stop at the scene of the crash
or accident or as close to the crash or accident as possible
and remain there until [he] [she] had given “identifying
information” to the [injured person] [driver] [occupant]
[person attending the vehicle] and to any police officer
investigating the crash or accident.

[or]

b. (Defendant) willfully failed to render “reasonable assistance” to the injured person if such treatment appeared to be necessary or was requested by the injured person.

If the State proves that the defendant willfully failed to give any part of the “identifying information” or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Give if serious bodily injury is charged. § 316.027(1)(a), Fla. Stat.; § 316.027(2)(b), Fla. Stat.
If you find that (defendant) committed the crime of Leaving the Scene of a Crash Involving Injury, you must then determine whether the State proved beyond a reasonable doubt that the injury was a serious bodily injury.

“Serious bodily injury” means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

Enhancement. Give when the State alleged the victim was a “vulnerable road user.” § 316.027(2)(f), Fla. Stat.
If you find that (defendant) committed the crime of Leaving the Scene of a Crash Involving [Death] [Serious Bodily Injury] [or] [Injury], you must then determine whether the State proved beyond a reasonable doubt that the [injured person] [person who died] was:

[a pedestrian].
[actually engaged in work upon a highway].
[actually engaged in work upon utility facilities along a highway].
[engaged in the provision of emergency services within the right-
of-way].
[operating a [bicycle] [motorcycle] [scooter] [moped] lawfully on
the roadway].
[riding an animal].
[lawfully operating [a farm tractor or similar vehicle designed
primarily for farm use] [a skateboard] [roller-skates] [in-line
skates] [a horse-drawn carriage] [an electric personal assistive
mobility device] [a wheelchair] on [a public right-of-way]
[crosswalk] [shoulder of the roadway]].

Definitions. Give as applicable. ~~Fla. Stat. § 316.003(75).~~
§ 316.003(75), Fla. Stat.
A “vehicle” is any device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

§ 316.062, Fla. Stat.
“Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive.

“Reasonable assistance” includes carrying or making arrangements to carry the injured person to a physician or hospital for medical treatment.

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

If the “vulnerable road user” enhancement is given, insert applicable definitions from § 316.003, Fla. Stat.

Lesser Included Offenses

LEAVING THE SCENE OF A CRASH INVOLVING DEATH ~~OR INJURY~~ — 316.027 (1 2 ) (c)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.
~~None~~ Leaving the Scene of a Crash Involving Serious Bodily Injury*		316.027(2)(b)	28.4
Leaving the Scene of a Crash Involving Injury*		316.027(2)(a)	28.4
	Attempt	777.04(1)	5.1

LEAVING THE SCENE OF A CRASH INVOLVING SERIOUS BODILY INJURY — 316.027(2)(b)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.
Leaving the Scene of a Crash Involving Injury		316.027(2)(a)	28.4
	Attempt	777.04(1)	5.1

Comment s

* In Williams v. State , 732 So. 2d 431 (Fla. 2d DCA 1999), the court stated in dictum that Leaving the Scene of a Crash Involving Injury is a necessarily lesser-included offense of Leaving the Scene of a Crash Involving Death. In other areas, however, where there is no issue that a person was killed as a result of an incident giving rise to criminal charges, non-death lessers are not appropriate. See, e.g., State v. Barritt, 531 So. 2d 338 (Fla. 1988); Humphrey v. State , 690 So. 2d 1351 (Fla. 3d DCA 1997).

See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v. Dumas, 700 So. 2d 1223 (Fla. 1997), and State v. Dorsett, 158 So. 3d 557 (Fla. 2015).

This instruction was adopted in 1995 [665 So. 2d 212] and amended in 2008 [973 So. 2d 432] , ~~and~~ 2015 [– So. 3d –], and 2016.

28.8(b) AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Serious Bodily Injury, Injury or Death then Causing Serious Bodily Injury or Death)
§ 316.1935(4)(b) and § 316.027, Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

was the driver of a vehicle involved in a crash or accident occurring on public or private property resulting in [serious bodily injury to] [the death of] any person.

2. (Defendant) knew that [he] [she] was involved in a crash or accident.

Give 3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.

knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to the person.

Give 4a or 4b or both as applicable.
4. (Defendant)

a. willfully failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given “identifying information” to the [injured person] [driver] [occupant][person attending the vehicle or other damaged property] and to any police officer investigating the crash or accident.
[or]

b. willfully failed to render “reasonable assistance” to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant) , knowing [he][she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his][her]vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [serious bodily injury to] [the death of] (name of victim) .

§ 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or accident or as close to the scene of the crash or accident as possible and provide “identifying information.”

If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the “identifying information” or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Enhancement. Give when the State alleged the victim was a “vulnerable road user.” § 316.027(2)(f), Fla. Stat.
If you find that the State proved beyond a reasonable doubt that (defendant) committed elements #1 – #4, you must then determine whether the State also proved beyond a reasonable doubt that the [injured person] [person who died] in element #1 was:

Definitions. Give as applicable.
Patterson v. State, 512 So. 2d 1109 (Fla. 1 ~~^st~~ st DCA 1987).

“Willfully” means intentionally, knowingly, and purposely.

~~Fla. Stat.~~ § 316.062 , Fla. Stat.
“Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive.

“Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

~~Fla. Stat.~~ § 316.003(75) , Fla. Stat.
“Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

§ 316.027(1)(a), Fla. Stat.
“Serious bodily injury” means an injury to a person [including the driver,] which consists of a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving ~~Injury or~~ Death and then Causing Serious Injury Bodily Injury or Death) — 316.1935(4)(b) and 316.027 (2)(c)
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Leaving Scene of a Crash Involving Death*		316.027(2)(c)	28.4
Leaving the Scene of a Crash Involving Serious Bodily Injury*		316.027(2)(b)	28.4
Aggravated Fleeing		316.1935(4)(a)	28.84
~~Fleeing to Elude LEO~~		~~316.1935(1)~~	~~28.6~~
~~Leaving Scene of a Crash Involving Death~~		~~316.027(1)(b)~~	~~28.4~~
Leaving Scene of a Crash Involving Injury*		316.027~~(1)(a)~~(2)(a)	28.4
Fleeing to Elude LEO		316.1935(1)	28.6
	Fleeing to Elude LEO	316.1935(3)(b)	28.81
	Fleeing to Elude LEO	316.1935(3)(a)	28.8
	Fleeing to Elude LEO	316.1935(2)	28.7
Reckless Driving (if there was evidence that the fleeing was in a motor vehicle)		316.192(1)(b)	28.5
	Disobedience to Police or Fire Department Officials	316.072(3)	28.18

Comments

* § 316.1935(4), Fla. Stat., states that a person may be charged with both Aggravated Fleeing or Eluding and Leaving the Scene of a Crash Involving Death, Serious Bodily Injury, or Injury. Therefore, if a Leaving the Scene crime is charged as a separate count, then Leaving the Scene should not be given as a lesser-included offense of Aggravated Fleeing or Eluding.

For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).

See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v. Dumas, 700 So. 2d 1223 (Fla. 1997), and State v. Dorsett, 158 So. 3d 557 (Fla. 2015).

This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 [73 So. 3d 136] , ~~and~~ 2015 [– So. 3d –], and 2016.

28.8(c) AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death)
§ 316.1935(4)(b) and § 316.061, Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

was the driver of a vehicle involved in a crash or accident.

2. The crash or accident resulted only in damage to a vehicle or other property.

3. The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].

4. (Defendant) failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given “identifying information” to the [driver or occupant of the damaged vehicle] [person attending the damaged vehicle or property] [and to any police officer at the scene of the crash or accident or who is investigating the crash or accident.

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

7. As a result of (defendant) fleeing or eluding, [he] she] caused [serious bodily injury to] [the death of] (name of victim).

If the State proves beyond a reasonable doubt that the defendant failed to give any part of the “identifying information,” the State satisfies this element of the offense.

Definitions.
Patterson v. State, 512 So. 2d 1109 (Fla. 1~~^st~~st DCA 1987).

“Willfully” means intentionally, knowingly, and purposely.

~~Fla. Stat.~~ § 316.062(1) , Fla. Stat .
“Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive.

Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) — 316.1935(4)(b) and 316.061
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Aggravated Fleeing		316.1935(4)(a)	28.85
Fleeing to Elude LEO		316.1935(1)	28.6
Leaving the Scene of a Crash Involving Damage to Vehicle or Property*		316.061	28.4(a)
	Fleeing to Elude LEO	316.1935(3)(b)	28.81
	Fleeing to Elude LEO	316.1935(3)(a)	28.8
	Fleeing to Elude LEO	316.1935(2)	28.7
Reckless Driving (if there was evidence that the fleeing was in a motor vehicle)		316.192(1)(b)	28.5
	Disobedience to Police or Fire Department Officials	316.072(3)	28.18

Comments

* § 316.1935(4), Fla. Stat., states that a person may be charged with both Aggravated Fleeing or Eluding and Leaving the Scene of a Crash Involving Damage to Attended Property. Therefore, if Leaving the Scene is charged as a separate count, then Leaving the Scene should not be given as a lesser-included offense of Aggravated Fleeing or Eluding.

F or the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).

This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 [73 So. 3d 136] , ~~and~~ 2015 [– So. 3d –], and 2016.

28.8(d) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Serious Bodily Injury, Injury or Death then Causing Injury or Property Damage to Another)
§ 316.1935(4)(a) and § 316.027 Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash or accident occurring on public or private property resulting in [serious bodily injury to] [the death of] any person.

2. (Defendant) knew that [he] [she] was involved in a crash or accident.

Give3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.

knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to the person.

Give 4a or 4b or both as applicable.

a. willfully failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given “identifying information” to the [injured person] [driver] [occupant] [person attending the vehicle or other damaged property] and to any police officer investigating the crash or accident.

[or]

b. willfully failed to render “reasonable assistance” to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5. A duly authorized law enforcement officer ordered (defendant) to stop.

, knowing [he][she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his][her]vehicle in compliance with the order to stop][and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]7. As a result of

fleeing or eluding, [he] [she] caused [an injury to] [damage to the property of]

§ 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or accident or as close to the scene of the crash or accident as possible and provide “identifying information.”

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

“Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

~~Fla. Stat.~~ § 316.003(75) , Fla. Stat.
“Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving ~~Injury or~~ Death and then Causing Injury or Property Damage to Another) — 316.1935(4)(a) and § 316.027 (2)(c)
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Leaving Scene of a Crash Involving Death*		316.027(2)(c)	28.4
Leaving Scene of Crash Involving Serious Bodily Injury*		316.027(2)(b)	28.4
~~Fleeing to Elude LEO~~		~~316.1935(1)~~	~~28.6~~
~~Leaving Scene of a Crash Involving Death~~		~~316.027(1)(b)~~	~~28.4~~
Leaving Scene of a Crash Involving Injury*		316.027~~(1)(a)~~(2)(a)	28.4
Fleeing to Elude LEO		316.1935(1)	28.6
	Fleeing to Elude LEO	316.1935(3)(b)	28.81
	Fleeing to Elude LEO	316.1935(3)(a)	28.8
	Fleeing to Elude LEO	316.1935(2)	28.7
Reckless Driving (if there was evidence that the fleeing was in a motor vehicle)		316.192(1)(b)	28.5
	Disobedience to Police or Fire Department Officials	316.072(3)	28.18

Comments

For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).

S ee Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v. Dumas, 700 So. 2d 1223 (Fla. 1997), and State v. Dorsett, 158 So. 3d 557 (Fla. 2015).

This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 [73 So. 3d 136] , 2015 [– So. 3d –], and 2016.

28.8(e) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)
§ 316.1935(4)(a) and § 316.061, Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

was the driver of a vehicle involved in a crash or accident.

2. The crash or accident resulted only in damage to a vehicle or other property.

3. The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury to] [damage to the property of] (name of victim).

If the State proves beyond a reasonable doubt that the defendant failed to give any part of the “identifying information,” the State satisfies this element of the offense.

Definitions.
Patterson v. State, 512 So. 2d 1109 (Fla. 1~~^st~~st DCA 1987).

“Willfully” means intentionally, knowingly, and purposely.

~~Fla. Stat.~~ § 316.062(1) , Fla. Stat.
“Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive.

Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving A Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) — 316.1935(4)(a) and 316.061
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Fleeing to Elude LEO		316.1935(1)	28.6
Leaving the Scene of a Crash Involving Damage to Vehicle or Property*		316.061	28.4(a)
	Fleeing to Elude LEO	316.1935(3)(b)	28.81
	Fleeing to Elude LEO	316.1935(3)(a)	28.8
	Fleeing to Elude LEO	316.1935(2)	28.7
Reckless Driving (if there was evidence that the fleeing was in a motor vehicle)		316.192(1)(b)	28.5
	Disobedience to Police or Fire Department Officials	316.072(3)	28.18

Comments

For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).

This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 [73 So. 3d 136], ~~and~~ 2015 [ — So. 3d –], and 2016.

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