FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 3.5(a)
PRINCIPALS
§ 777.011, Fla. Stat.
If the defendant helped another person or persons [commit] [attempt to commit] a crime, the defendant is a principal and must be treated as if [he] [she] had done all the things the other person or persons did if the State proved beyond a reasonable doubt:
1. the defendant intended the crime to occur;
and
2. the defendant did some act or said something that was intended to and that did incite, cause, encourage, assist, or advise the other person or persons to [actually commit] [attempt to commit] the crime.
Give as applicable.
To be a principal, the defendant does not have to be present when the crime is [committed] [or] [attempted].
[Attempted] Homicide cases.
For [First Degree Premeditated Murder] [Attempted First Degree Premeditated Murder], the State must prove the defendant intended that the killing of (victim) occur.
For [First Degree Felony Murder] [Second Degree Murder] [Attempted Second Degree Murder] [Third Degree Felony Murder] [Attempted Felony Murder] [Attempted Second Degree Murder], it is not necessary for the State to prove the defendant intended the death of (victim).
For cases where the criminal statute includes a higher degree because a firearm, deadly weapon, or weapon was carried during the commission of the crime, such as armed robbery, armed burglary, and armed kidnapping. Jones v. State, 648 So. 2d 1210 (Fla. 3d DCA 1995).
It is not necessary for a principal to know every detail of how a[n] (name of crime) will be committed as long as the principal intended the (name of crime) to occur and did some act or said something that was intended to help and did help the (name of crime) occur. To be found guilty of a[n] [Attempted] (name of crime) with a [Firearm] [Deadly Weapon] [Weapon] as a principal, it is not necessary for the State to prove a defendant knew another participant of the [Attempted] (name of crime) [would be] [was] armed.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
ba1017ce32ae6d94dc42df638c2bb18b4b6e9e355510ea7afb4cfa9f7d67a580
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