Fla. Std. Jury Instr. (Crim.) 7.14

This instruction should be added to instruction #7.11 only in multi-participant First Degree Felony Murder cases where there is a factual dispute about whether the defendant alone killed the victim.

If (defendant) did not act alone in committing the First Degree Felony Murder, for the death penalty to be considered as a possible sentence, the State must also prove beyond a reasonable doubt that at least one of the following four circumstances existed:

1. (Defendant) was the person who actually killed (victim);

or

2. (Defendant) intended to kill (victim);

or

3. (Defendant) intended for deadly force to be used in the course of the (name of felony) that led to (victim’s) death;

or

4. (Defendant) was a major participant in the (name of felony) that led to (victim’s) death and exhibited reckless indifference to human life.

“Deadly force” means force likely to cause death or great bodily harm. “Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm.

Reckless indifference means with a conscious and intentional indifference to consequences and with knowledge that a human being could be killed.

If the State did not prove beyond a reasonable doubt to all of you that at least one of these four circumstances existed, then the defendant is not eligible for the death penalty on the charge of First Degree Felony Murder.

Interrogatories should be added to instruction #3.12(e) if Enmund/Tison findings are required.

Check “YES” or “NO” to reflect the jury’s findings for all the questions below:

1. We the jury unanimously find that the defendant [himself] [herself] killed (victim).

___YES ___NO

2. We the jury unanimously find that the defendant intended to kill (victim).

___YES ___NO

3. We the jury unanimously find that the defendant intended for deadly force to be used in the course of the (name of felony) that led to (victim’s) death.

___YES ___NO

4. We the jury unanimously find that the defendant was a major participant in the (name of felony) that led to (victim’s) death and exhibited reckless indifference to human life.

___YES ___NO