Fla. Std. Jury Instr. (Crim.) 21.20

§ 843.23, Fla. Stat.

To prove the crime of Tampering with an Electronic Monitoring Device, the State must prove the following three elements beyond a reasonable doubt:

1. [(Defendant)] [(Name of person)] was ordered to [wear] [use] an electronic monitoring device by [court order] [an order by the Florida Commission on Offender Review].

2. (Defendant) intentionally [removed] [destroyed] [altered] [tampered with] [damaged] [affirmatively acted to circumvent the operation of] [requested, authorized, or solicited a person to [remove] [destroy] [alter] [tamper with] [damage] [affirmatively act to circumvent the operation of]] that electronic monitoring device.

3. (Defendant) did not have authority to do so.

An “electronic monitoring device” includes any device that is used to track the location of a person.

Give if applicable. § 777.04(2), Fla. Stat.

To “solicit” means to command, encourage, hire, or request another person to engage in specific conduct.

Give after a finding of guilt in a bifurcated proceeding.

Now that you found (defendant) guilty of Tampering with an Electronic Monitoring Device, you must further determine whether the State proved beyond a reasonable doubt whether the person who had to wear or use the electronic monitoring device was [charged with] [serving a sentence for]:

a. a misdemeanor or a third degree felony.

b. a second degree felony.

c. a first degree felony, or a first degree felony punishable by a term of years not exceeding life, a life felony, or a capital felony.

The Court instructs you that (name of relevant crime) is a [misdemeanor] [[third degree felony] [second degree felony] [first degree felony] [first degree felony punishable by a term of years not exceeding life] [life felony] [capital felony].

Lesser Included Offense

TAMPERING WITH AN ELECTRONIC MONITORING DEVICE — 843.23

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Criminal Mischief

806.13

12.4

Attempt

777.04(1)

5.1