Fla. Std. Jury Instr. (Crim.) 3.14

Give any of the following where necessary but only if alleged in the State’s charging document. See Comment.

Victim Injury Points

(Section III on the Criminal Punishment Code scoresheet)

If you find (defendant) guilty of (name of crime [or relevant lesser-included offenses]), you must then answer the following question[s]:

Did the State prove beyond a reasonable doubt that (victim) died as a direct result of the (name of crime [or relevant lesser-included offenses])?

________Yes

________No

Did the State prove beyond a reasonable doubt that (victim) suffered severe physical injury as a direct result of the (name of crime [or relevant lesser-included offenses])?

________Yes

________No

Did the State prove beyond a reasonable doubt that (victim) suffered moderate physical injury as a direct result of the (name of crime [or relevant lesser-included offenses])?

________Yes

________No

Did the State prove beyond a reasonable doubt that (victim) suffered slight physical injury as a direct result of the (name of crime [or relevant lesser- included offenses])?

________Yes

________No

For sex crimes, physical injury points (if physical injury occurred) must be scored in addition to points scored for either sexual contact or sexual penetration.

§ 921.0022(7), Fla. Stat.

Pursuant to § 921.0022(7), Fla. Stat., sexual contact or sexual penetration points cannot be scored for violations of § 944.35(3)(b)2., Fla. Stat., or § 872.06, Fla. Stat.

Did the State prove beyond a reasonable doubt there was sexual penetration between (victim) and (defendant) during the commission of the (name of crime [or relevant lesser-included offenses])?

________Yes

________No

Did the State prove beyond a reasonable doubt there was sexual contact between (victim) and (defendant) during the commission of the (name of crime [or relevant lesser-included offenses])?

________Yes

________No

Firearm/Semi-Automatic or Machine Gun Points

(Section VII on the Criminal Punishment Code scoresheet)

Firearm points may only be scored if the defendant is found guilty of committing or attempting to commit a felony other than those enumerated in § 775.087(2), Fla. Stat.

Semi-automatic or machine gun points may be scored only if the defendant is found guilty of committing or attempting to commit a felony other than those enumerated in § 775.087(3), Fla. Stat.

If you find (defendant) guilty of (name of crime [or relevant lesser-included offenses]), you must then answer the following question:

Did the State prove beyond a reasonable doubt that while [attempting to commit] [committing] (name of crime [or relevant lesser-included offenses]), the defendant possessed a [firearm] [semi-automatic firearm] [machine gun]?

________Yes

________No

Use for firearm points. § 790.001, Fla. Stat.

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;]. [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.].

Use a shortened definition of firearm for semi-automatic or machine gun points.

§ 790.001, Fla. Stat.

A “firearm” means any weapon 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].

§ 775.087(3), Fla. Stat.

“Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.

§ 790.001, Fla. Stat.

“Machine gun” means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

Possession.

To prove (defendant) “possessed” a [firearm] [semi-automatic firearm] [machine gun], the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the [firearm] [semi-automatic firearm] [machine gun] and b) intentionally exercised control over it.

Give if applicable.

Control can be exercised over a [firearm] [semi-automatic firearm] [machine gun] whether it is carried on a person, near a person, or in a completely separate location. Mere proximity to a [firearm] [semi-automatic firearm] [machine gun] does not establish that the person intentionally exercised control over it in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the [firearm] [semi-automatic firearm] [machine gun] or the present ability to direct its control by another.

Joint possession.

Possession of a [firearm] [semi-automatic firearm] [machine gun] may be sole or joint, that is, two or more persons may possess it.

Criminal Gang Offense

(Section IX on the Criminal Punishment Code scoresheet)

If you find (defendant) guilty of (name of primary offense [or relevant lesser-included offenses that would still be the primary offense]), you must then answer the following question:

Did the State prove beyond a reasonable doubt the defendant committed the crime for the purpose of benefiting, promoting, or furthering the interests of a criminal gang?

________Yes

________No

§ 874.03, Fla. Stat.

“Criminal gang” means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups.

Domestic Violence in Presence of a Child Under 16

(Section IX on the Criminal Punishment Code scoresheet)

If you find (defendant) guilty of (name of primary offense [or relevant lesser-included offenses that would still be the primary offense]), you must then answer the following questions:

Did the State prove beyond a reasonable doubt the (name of primary offense [or relevant lesser-included offenses that would still be the primary offense]) was a crime of domestic violence?

________Yes

________No

Did the State prove beyond a reasonable doubt the (name of primary offense [or relevant lesser included offenses that would still be the primary offense]) was committed in the presence of a child under 16 years of age who was a family or household member of either the defendant or the victim?

________Yes

________No

§ 741.28, Fla. Stat.

“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.