Fla. Std. Jury Instr. (Crim.) 28.8(a)

§ 316.1935(3)(b), Fla. Stat.

To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) was operating a vehicle upon a street or highway in Florida.

2. (Defendant), knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer.

3. The law enforcement officer was in an authorized law enforcement patrol vehicle with agency jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.

4. During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property.

5. As a result of (defendant’s) fleeing or eluding at high speed or wanton disregard for safety, [he] [she] caused [the death of] [serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle].

§ 316.003, Fla. Stat.

“Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.

§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.

“Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway[, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks].

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).

“Willfully” means intentionally, knowingly, and purposely.

Lesser Included Offenses

FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935(3)(b)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

Fleeing to elude

316.1935(3)(a)

28.8

Fleeing to elude

316.1935(2)

28.7

Fleeing to elude

316.1935(1)

28.6

Reckless Driving (if wanton disregard for the safety of persons or property is charged or if there is evidence that the fleeing is in a motor vehicle)

316.192(1)

28.5

Disobedience to Police or Fire Department Officials*

316.072(3)

28.18