Fla. Std. Jury Instr. (Crim.) 10.13

§ 790.19, Fla. Stat.

To prove the crime of (crime charged), the State must prove the following three elements beyond a reasonable doubt:

Give 1a–1c as applicable.

1. (Defendant)

a. [shot] [or] [threw] a missile that would produce death or great bodily harm.

b. hurled or projected a stone or other hard substance that would produce death or great bodily harm.

c. *shot a firearm that would produce death or great bodily harm.

Give 2a–2f as applicable.

2. [He] [She] did so [at] [within] [into] [in]

a. a public or private building, occupied or unoccupied.

b. a public or private bus, that was being used or occupied by any person.

c. a train, locomotive, railway car, caboose, cable railway car, street railway car, or monorail car that was being used or occupied by any person.

d. a vehicle of any kind that was being used or occupied by any person.

e. a boat, vessel, ship, or barge lying in or plying the waters of this state.

f. an aircraft flying through the air space of this state.

3. The defendant’s act was done wantonly or maliciously.

State v. Kettell, 980 So. 2d 1061 (Fla. 2008).

“Wantonly” means consciously and intentionally, with reckless indifference to consequences and with the knowledge that damage is likely to be done to some person.

State v. Kettell, 980 So. 2d 1061 (Fla. 2008).

“Maliciously” means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.

Give if applicable. § 790.001, Fla. Stat.

A “firearm” means 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;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of another crime. An “antique firearm” is (insert definition in 790.001, Fla. Stat.)]. Destructive device is defined in § 790.001, Fla. Stat.

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. Polite v. State, 454 So. 2d 769 (Fla. 1st DCA 1984).

It is not necessary for the State to prove a defendant acted with malevolence toward a vehicle or structure itself if the State proved [he] [she] acted with a wanton or malicious attitude directed toward an individual within or near the vehicle or structure.

Lesser Included Offenses

SHOOTING OR THROWING A [MISSILE] [STONE] [HARD SUBSTANCE [[AT] [WITHIN] [INTO] [IN] A[N] [BUILDING] [VEHICLE] [VESSEL] [AIRCRAFT] — 790.19

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1

Criminal Mischief

806.13

12.4

Discharging firearm in public

790.15

10.6