Fla. Std. Jury Instr. (Crim.) 15.3

§ 812.135, Fla. Stat.

To prove the crime of Home-Invasion Robbery, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) entered the dwelling of (victim).

2. At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery.

3. While inside the dwelling, (defendant) did commit robbery.

A robbery consists of the following:

1. (Defendant) took [the] [a] [an] (money or property described in charge) 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 property taken was of some value.

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

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. § 812.13(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 prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events.

[If a defendant abandoned the property that had been taken before he or she used force or threatened to use force, then the taking of the property 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 Robbery.]

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

If you find that the taking of property 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 Robbery but may still constitute Theft.

Title to property. Give if applicable.

In order for a taking of property to be Robbery, it is not necessary that the person robbed be the owner of the property. It is sufficient if the person has the custody of the property 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 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 property 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 Robbery 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 Robbery if a person, with intent to take the property from a victim, administers any substance to that victim so that [he] [she] becomes unconscious and then takes the property 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 robbery, it is not necessary that the taking be from the person of a victim. It is sufficient if the property taken is under the actual control of a victim so that it cannot be taken without the use of force, violence, or intimidation directed against a victim.

Jacobs v. State, 41 So. 3d 1004 (Fla. 1st DCA 2010); DuBose v. State, 210 So. 3d 641 (Fla. 2017).

“Dwelling” means a building [or conveyance] of any kind, including any attached porch, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. [The enclosure need not be continuous and may have an ungated opening for entering and exiting.]

Higher degrees of Home-Invasion Robbery. Give if applicable.

If you find the defendant guilty of the crime of Home-Invasion Robbery, you must further determine beyond a reasonable doubt if in the course of committing the Home-Invasion Robbery, the defendant carried some kind of weapon.

With a firearm. § 812.135(2)(a), Fla. Stat.

If you find that the defendant carried a firearm in the course of committing the Home-Invasion Robbery, you should find [him] [her] guilty of Home-Invasion Robbery with a firearm.

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.)].

With a deadly weapon. § 812.135(2)(a), 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 other weapon. § 812.135(2)(b), Fla. Stat.

If you find that the defendant carried a weapon that was not a firearm or a deadly weapon in the course of committing the Home-Invasion Robbery, you should find [him] [her] guilty of Home-Invasion Robbery with a weapon.

A “weapon” is any object, other than a firearm, that will likely cause 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 bodily harm may be a “weapon” if it was [used] [or] [threatened to be used] [or] [intended to be used] in a manner likely to cause bodily harm.

With no firearm or weapon. § 812.135(2)(c), Fla. Stat.

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

Lesser Included Offenses

*HOME INVASION ROBBERY — 812.135

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

Burglary of a dwelling

810.02(3)

13.1

Robbery

812.13(2)(c)

15.1

Burglary of a Structure

810.02

13.1

Petit theft – second degree

812.014(3)(a)

14.1

Assault

784.011

8.1

Grand theft—first degree

812.014(2)(a)

14.1

Attempt

777.04(1)

5.1

Aggravated battery

784.045

8.4

Grand theft—second degree

812.014(2)(b)

14.1

Aggravated assault

784.021

8.2

Felony battery

784.041

8.5

Grand theft—third degree

812.014(2)(c)

14.1

Grand theft—third degree

812.014(2)(d)

14.1

Felony petit theft

812.014(3)(c)

14.1

Petit theft—first degree

812.014(2)(e)

14.1

Petit theft—first degree

812.014(3)(b)

14.1

Battery

784.03

8.3

Trespass

810.08

13.3