FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 3.5(b)
PRINCIPALS — WHEN ACTIVE PARTICIPANT HIRED BY DEFENDANT
§ 777.011, Fla. Stat.
If the defendant paid or promised to pay another person or persons to [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 person who was promised or received the money did if the State proved beyond a reasonable doubt:
1. the defendant intended the crime to occur; and
2. [he] [she] made or promised the payment in exchange for the commission or promise to commit the crime or to help commit the crime; and
3. the [crime] [attempt] was committed by (the other person).
To be a principal, the defendant does not have to be present when the crime is [committed] [or] [attempted].
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 kidnaping. 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
8f670c80e1e1cd62aefca04e94c42fdedb6df08cc1c87fdb490d0d40c91af4c5
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