Fla. Std. Jury Instr. (Crim.) 32.6

§ 767.13(2), Fla. Stat.

To prove the crime of Owning a Dangerous Dog that Caused [Severe Injury] {Death] to a Human, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) owned a dog.

2. An animal control authority had declared that dog to be a “dangerous dog.”

3. That dog attacked a human being, to wit: (victim), causing [severe injury to (victim)] [(victim’s) death].

The “owner” of a dog is any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of the dog or, if the dog is owned by a person under the age of 18, that person’s parent or guardian.

“Animal control authority” means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county, or state. [In areas not served by an animal control authority, the sheriff of the county in which the dog resides is the animal control authority.]

Give if applicable.

“Severe injury” means any physical injury that resulted in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.

Give if applicable. An explanation of the elements of the crime or attempted crime may be necessary.

It is a defense to this crime if (name of victim in element #3) was engaged in or was attempting to engage in criminal activity, at the time the dog attacked.

Lesser Included Offenses

OWNING A DANGEROUS DOG THAT CAUSED [SEVERE INJURY] [DEATH] TO A HUMAN — 767.13(2)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Manslaughter

782.07

7.7

Culpable negligence inflicting actual injury

784.05(2)

8.9

Culpable negligence exposing another to injury

784.05(1)

8.9