Fla. Std. Jury Instr. (Crim.) 15.2

§ 812.133, Fla. Stat.

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

1. (Defendant) took a motor vehicle from the person or custody of (person alleged).

2. Force, violence, assault, or putting in fear was used in the course of the taking.

3. The taking was with the intent to temporarily or permanently [deprive (victim) of [his] [her] right to the motor vehicle or any benefit from it] [appropriate the motor vehicle of (victim) to [his] [her] own use or to the use of any person not entitled to it].

Medrano v. State, 199 So. 3d 413 (Fla. 4th DCA 2016). § 320.01, Fla. Stat. Many of these terms have their own statutory definitions which should be given as applicable.

“Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power[, but the term does not include traction engines, road rollers, motorized scooters, micromobility devices, personal delivery devices, mobile carriers, special mobile equipment, vehicles that run only upon a track, electric bicycles, bicycles, swamp buggies, or mopeds].

Assault. § 784.011 Fla. Stat.

An “assault” is defined as an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making the threat has the ability to carry out the threat, and the act creates in the mind of that victim a well-founded fear that violence is about to take place.

Fear. Give only if applicable. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).

If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then a victim may be found to have been in fear, and actual fear on the part of a victim need not be shown.

In the course of the taking. § 812.133(3)(b), Fla. Stat.

Abandonment. Give bracketed language only if applicable. Peterson v. State, 24 So. 3d 686 (Fla. 2d DCA 2009).

“In the course of the taking” means that the act occurred before, during, or after the taking of the motor vehicle and that the act and the taking of the motor vehicle constitute a continuous series of acts or events.

[If a defendant abandoned the motor vehicle that had been taken before he or she used force or threatened to use force, then the taking of the motor vehicle and the use of force or threatened force was not a continuous series of acts or events. In such a case, the taking does not constitute Carjacking, but may constitute Theft, and the use of force or threatened force may constitute separate crimes.]

Afterthought. Give only if applicable. DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012).

If you find that the taking of the motor vehicle occurred as an afterthought to the use of force or violence [or the threat of force or violence] against (victim), the taking does not constitute Carjacking, but may still constitute Grand Theft Motor Vehicle.

Title to motor vehicle. Give if applicable.

In order for a taking of the motor vehicle to be Carjacking, it is not necessary that the person carjacked be the owner of the motor vehicle. It is sufficient if the person has custody of the motor vehicle at the time of the offense.

Force. Give bracketed language only if applicable. Thomas v. State, 36 So. 3d 853 (Fla. 3d DCA 2010).

The taking must be by the use of force or violence or by assault so as to overcome the resistance of a person, or by putting a person in fear so that he or she does not resist. [The law does not require the force, violence, assault, or putting in fear to be exerted against the victim from whom the motor vehicle was taken if the force, violence, assault, or putting in fear was exerted against another in the course of the taking.] The law does not require that a victim of Carjacking resist to any particular extent or that a victim offer any actual physical resistance if the circumstances are such that a victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence.

Victim unconscious. Give only if applicable.

It is also Carjacking if a person, with intent to take the motor vehicle from a victim, administers any substance to that victim so that [he] [she] becomes unconscious and then takes the motor vehicle from the person or custody of that victim.

Taking. Give if applicable.

In order for a taking by force, violence, or putting in fear to be Carjacking, it is not necessary that the taking be from the person of a victim. It is sufficient if the motor vehicle taken is under the custody of a victim so that it cannot be taken without the use of force, violence, or intimidation directed against a victim.

Higher degrees of Carjacking. Give only if applicable. §§ 812.133(2)(a) and 812.133(3)(a) Fla. Stats.

If you find the defendant guilty of the crime of Carjacking, you must further determine beyond a reasonable doubt if “in the course of committing the Carjacking” the defendant carried a firearm or other deadly weapon. An act is “in the course of committing the Carjacking” if it occurs in an attempt to commit Carjacking or in flight after the attempt or commission.

With a firearm or deadly weapon. § 812.133(2)(a), Fla. Stat.

If you find that the defendant carried a firearm or other deadly weapon in the course of committing the Carjacking, you should find [him] [her] guilty of Carjacking with a firearm or deadly weapon.

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 a crime. An antique firearm is (insert definition in § 790.001, Fla. Stat.)]. [A destructive device is (insert definition in § 790.001, Fla. Stat.)].

A “deadly weapon” is any object, other than a firearm, that will likely cause death or great bodily harm if used in the ordinary and usual manner contemplated by its design and construction.

Give if applicable.

An object not designed to inflict death or great bodily harm may be a “deadly weapon” if it was [used] [or] [threatened to be used] [or] [intended to be used] in a manner likely to cause death or great bodily harm.

“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.

With no firearm or weapon. § 812.133(2)(b) Fla. Stat.

If you find that the defendant carried no firearm or deadly weapon in the course of committing the Carjacking, but did commit the Carjacking, you should find [him] [her] guilty only of Carjacking.

Lesser Included Offenses

*CARJACKING — 812.133

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

Robbery

812.13(2)(c)

15.1

Grand theft – motor vehicle

812.014(2)(c)6

14.1

Assault (if assault was charged)

784.011

8.2

Aggravated Battery

784.045

8.4

Attempted Carjacking

777.04(1)

5.1

Aggravated Assault

784.021

8.2

Felony Battery

784.041

8.5

Battery

784.03

8.3

Resisting a Merchant

812.015(6)

14.4