FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 21.18
ACCESSORY AFTER THE FACT
§ 777.03(1) Fla. Stat.
To prove the crime of Accessory After the Fact, the State must prove the following [four] [five] elements beyond a reasonable doubt:
1. A (felony alleged) was committed by (name of person committing felony).
2. After the (felony alleged) was committed, (defendant) [maintained] [assisted] [aided or attempted to aid] (name of person committing felony).
3. At that time, (defendant) knew that (name of person committing felony) had committed the (felony alleged).
4. (Defendant) did so with the intent that (name of person committing felony) avoid or escape detection, arrest, trial, or punishment.
If the felony alleged is a third degree felony, give element #5.
5. (Defendant) was not related to (name of person committing felony) by blood or marriage as husband, wife, parent, grandparent, child, grandchild, brother, or sister.
Define the felony alleged.
It is not necessary for the State to prove that (defendant’s) assistance was successful in allowing (name of person committing felony) to avoid or escape detection, arrest, trial or punishment, nor is it necessary for the State to prove that (name of person committing felony) was convicted.
The intent with which an act is done is an operation of the mind and, therefore, is not always capable of direct and positive proof. It may be established by circumstantial evidence like any other fact in a case.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
fafbbcd0116c2213a5a6f47e260d8913fa9e3bee4d88c97356db4da4da1faf55
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