FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 21.7
GIVING FALSE NAME OR IDENTIFICATION TO LAW ENFORCEMENT OFFICER ADVERSELY AFFECTING ANOTHER
§ 901.36(2), Fla. Stat.
To prove the crime of Giving False Name or Identification to Law Enforcement Officer Adversely Affecting Another, the State must prove the following four elements beyond a reasonable doubt.
1. (Defendant) was [arrested] [lawfully detained] by a law enforcement officer.
2. (Defendant) [gave a false name] [falsely identified [himself] [herself] in any way] as (victim) to (name of officer or county jail personnel).
3. At the time, (name of officer or county jail personnel) was [a law enforcement officer] [personnel of a county jail].
4. (Victim) was adversely affected by the unlawful use of [his] [her] [name] [identification].
The court now instructs you that every (name of official position of [officer] [county jail personnel]) is [an officer] [personnel of a county jail] within the meaning of this law.
In giving this instruction, do not refer to the [officer] [county jail personnel] by name. The instruction must state the class of officer or personnel to which the individual named in the charge belongs, e.g., deputy sheriff, correctional officer, booking officer. See Wright v. State, 586 So. 2d 1024 (Fla. 1991).
Give if lawfully detained is charged.
A person may be lawfully detained if the officer reasonably suspects that person violated or was about to violate the law.
Lesser Included Offenses
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
5074f888ef387efea7b9e7c3a4705c4e2f07af6e5ce0bba5078f480fe56e7bbe
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.