FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 10.7(b)
POSSESSING, THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING A DESTRUCTIVE DEVICE [WITH INTENT TO DO [BODILY HARM] [PROPERTY DAMAGE]] [RESULTING IN DISRUPTION OF [GOVERNMENTAL OPERATIONS] [COMMERCE] [THE PRIVATE AFFAIRS OF ANOTHER PERSON]]
§ 790.161(2), Fla. Stat.
To prove the crime of (crime charged), the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) willfully and unlawfully
[made]
[possessed]
[threw]
[placed]
[projected]
[discharged]
[attempted to [make] [possess] [throw] [place] [project] [discharge]]
a destructive device.
Give those parts of element 2 as applicable.
2. a. (Defendant’s) act was committed with the intent to
[do bodily harm to another person].
[do property damage].
b. (Defendant’s) act resulted in
[a disruption of governmental operations].
[a disruption of commerce].
[a disruption of the private affairs of another
person].
A “destructive device” is defined as (adapt from § 790.001, Fla. Stat., as required by the allegations).
“Willfully” means intentionally, knowingly, and purposely.
Possession. Give if applicable.
To prove (defendant) “possessed a destructive device,” the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the destructive device, and b) intentionally exercised control over that destructive device.
Give if applicable.
Control can be exercised over a destructive device whether the destructive device is carried on a person, near a person, or in a completely separate location. Mere proximity to a destructive device does not establish that the person intentionally exercised control over the destructive device in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the destructive device or the present ability to direct its control by another.
Joint possession. Give if applicable.
Possession of a destructive device may be sole or joint, that is, two or more persons may possess a destructive device.
Lesser Included Offenses
POSSESSING, THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING DESTRUCTIVE DEVICE, ETC. — 790.161(2)
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
Possessing, throwing, making placing, projecting, or discharging destructive device
790.161(1)
10.7(a)
Aggravated assault
784.021
8.2
Assault
784.011
8.1
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
151c10c9299df0f4269d42c7892f3694a3099f62d145f40424064c20ae95665b
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