Narrative Opinion Summary
The Supreme Court Committee on Standard Jury Instructions (Criminal) submitted several proposed amendments and new instructions to the Court, which have been approved for publication. These modifications encompass a wide range of criminal law topics, including sexual battery, solicitation, and sexual activity involving minors, as well as lewd acts and contraband in detention facilities. Notably, amendments were made to the instructions on DUI manslaughter and entrapment, aimed at clarifying legal standards and the burden of proof. New instructions were also introduced for voluntary intoxication and accessory after the fact. Furthermore, the definition of 'obtains or uses' related to property control under section 812.012, F.S. 1985, was clarified, and the value thresholds for theft and worthless check offenses were raised to reflect current economic conditions. The Court emphasized that the accompanying notes and comments represent only the Committee's views and do not reflect the Court's official stance. The opinion was concurred by Justices McDonald, Overton, Ehrlich, Barkett, and Kogan, underscoring a collective agreement on these judicial updates.
Legal Issues Addressed
Amendments to Instructions on Sexual Batterysubscribe to see similar legal issues
Application: The Court approved amendments to jury instructions concerning sexual battery for victims under and over twelve years of age in accordance with F.S. 794.011(2-5).
Reasoning: Amendments to existing instructions regarding sexual battery for victims under and over twelve years of age, specifically F.S. 794.011(2-5).
Amendments to Worthless Check Instructionssubscribe to see similar legal issues
Application: The instructions regarding worthless checks were amended to raise the relevant figures from $50 to $150 in multiple sections, as per F.S. 823.05(2) and (4).
Reasoning: Amendments to the worthless check instructions, raising relevant figures from $50 to $150 in multiple sections (F.S. 823.05(2) and (4)).
Amendment to DUI Manslaughter Instructionsubscribe to see similar legal issues
Application: The jury instruction for DUI manslaughter was amended, reflecting provisions under F.S. 316.193.
Reasoning: An amended instruction for DUI manslaughter (F.S. 316.193).
Amendment to Instruction on Lewd Actssubscribe to see similar legal issues
Application: The instruction on lewd or indecent acts upon or in the presence of a child has been amended, reflecting the provisions of F.S. 800.04.
Reasoning: An amendment to the instruction on lewd or indecent acts upon or in the presence of a child (F.S. 800.04).
Amendment to Schedule of Lesser Included Offensessubscribe to see similar legal issues
Application: The Court approved an amendment to the schedule of lesser included offenses, reflecting adjustments in legal standards.
Reasoning: An amendment to the schedule of lesser included offenses.
Amendment to Theft Instructionsubscribe to see similar legal issues
Application: The theft instruction was amended to increase the value threshold from $100 to $300, conforming to F.S. 812.014(b)(c).
Reasoning: An amendment to the theft instruction increasing the value threshold from $100 to $300 (F.S. 812.014(b)(c)).
Definition of 'Obtains or Uses'subscribe to see similar legal issues
Application: A new definition was provided for 'obtains or uses' under section 812.012, F.S. 1985, outlining various forms of property control and unauthorized use.
Reasoning: A new definition for 'obtains or uses' under section 812.012, F.S. 1985, outlining various forms of property control and unauthorized use.
New Instruction on Accessory After the Factsubscribe to see similar legal issues
Application: A new instruction addressing accessory after the fact was established, pursuant to F.S. 777.03.
Reasoning: A new instruction on accessory after the fact (F.S. 777.03).
New Instruction on Contraband in Detention Facilitiessubscribe to see similar legal issues
Application: A new jury instruction concerning contraband in county detention facilities was approved, in line with F.S. 951.22.
Reasoning: A new instruction concerning contraband in county detention facilities (F.S. 951.22).
New Instruction on Voluntary Intoxicationsubscribe to see similar legal issues
Application: The Court approved a new instruction addressing voluntary intoxication, identified as 3.04(g).
Reasoning: A new instruction on voluntary intoxication (3.04(g)).
New Instructions on Solicitation and Sexual Activity Involving Minorssubscribe to see similar legal issues
Application: The Court adopted new instructions addressing solicitation and sexual activity involving children aged twelve to under eighteen by individuals in familial or custodial authority as per F.S. 794.041(2)(a) and (b).
Reasoning: New instructions addressing solicitation and sexual activity involving children aged twelve to under eighteen by individuals in familial or custodial authority (F.S. 794.041(2)(a) and (b)).
Revised Entrapment Instructionsubscribe to see similar legal issues
Application: The entrapment instruction was revised to clarify the burden of proof on the State, identified as 3.04(c).
Reasoning: A revised entrapment instruction (3.04(c)), clarifying the burden of proof on the State.