FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 30.10
ALLOWING AN OPEN HOUSE PARTY THAT CAUSED [DEATH] [SERIOUS BODILY INJURY]
§ 856.015(5), Fla. Stat.
To prove the crime of Allowing an Open House Party that Caused [Death] [Serious Bodily Injury], the State must prove the following seven elements beyond a reasonable doubt:
1. (Defendant) was 18 years of age or older.
2. (Defendant) controlled a residence.
3. (Defendant) allowed an open house party at that residence.
4. A minor [possessed] [consumed] a[n] [alcoholic beverage] [drug] at the residence during the open house party.
5. (Defendant) knew that the minor [possessed] [consumed] a[n] [alcoholic beverage] [drug] at the residence during the open house party.
6. (Defendant) failed to take reasonable steps to prevent the [possession] [consumption] of a[n] [alcoholic beverage] [drug] by the minor at the residence during the open house party.
7. Give 7a or 7b as applicable.
a. By doing so, (defendant) caused or contributed to causing [the death of] [serious bodily injury to] the minor.
b. By doing so and as a result of the minor’s consumption of a[n] [alcoholic beverage] [drug] at the open house party, the minor caused or contributed to causing [the death of] [serious bodily injury to] (name of victim).
§ 856.015, Fla. Stat.
“Alcoholic beverage” means distilled spirits and any beverage containing 0.5 percent or more alcohol by volume.
“Control” means the authority or ability to regulate, direct, or dominate.
“Drug” means a controlled substance. The court instructs you that (name of controlled substance) is a drug under Florida law.
“Minor” means an individual not legally permitted by reason of age to possess alcoholic beverages pursuant to Florida law. The court instructs you that the legal drinking age in Florida is 21.
“Open house party” means a social gathering at a residence. The term does not include the use of alcoholic beverages at legally protected religious observances or activities.
“Residence” means a home, apartment, condominium, or other dwelling unit.
“Serious bodily injury” means an injury to any person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Lesser Included Offense
ALLOWING AN OPEN HOUSE PARTY THAT CAUSED [DEATH] [SERIOUS BODILY INJURY]—856.015(5)
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
Allowing an Open House Party
856.015(4)
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
8bb72e67f1d13d5b6a9a7be45aca6a88c53c29408e3af51a4e5946a1394af4de
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