FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 7.3(a)
UNLAWFUL DISTRIBUTION OF (NAME(S) OF ENUMERATED CONTROLLED SUBSTANCE(S)) BY A PERSON 18 YEARS OF AGE OR OLDER CAUSING DEATH
§ 782.04(1)(a)3., Fla. Stat.
In the absence of an express concession that the homicide was not excusable or justified, the trial judge must also read Instruction 7.1, Introduction to Homicide.
To prove the crime of Unlawful Distribution of (name(s) of enumerated controlled substance(s)) by a Person 18 Years of Age or Older Causing Death, the State must prove the following six elements beyond a reasonable doubt:
1. (Defendant) knowingly distributed a substance.
2. The substance was [(name of enumerated controlled substance(s))] [or] [a mixture containing (name(s) of enumerated controlled substance(s))].
3. The distribution was unlawful.
4. At the time of the distribution, (defendant) was 18 years of age or older.
5. (Victim) is dead.
6. The [(name(s) of enumerated controlled substance(s))] [or] [mixture containing (name(s) of enumerated controlled substance(s))] that (defendant) distributed caused or was a substantial factor in producing the death of (victim).
*The Court instructs you that it is unlawful to distribute [(name(s) of enumerated controlled substance(s))] [a mixture containing (name(s) of enumerated controlled substance(s))].
§ 782.04, Fla. Stat.
“Substantial factor” means that the use of the substance [or mixture] alone was sufficient to cause death, regardless of whether any other substance or mixture used was also sufficient to cause death.
Give if applicable. Aumuller v. State, 944 So. 2d 1137 (Fla. 2d DCA 2006) (citing Martin v. State, 377 So. 2d 706 (Fla. 1979)).
If the State proves all the elements, a person commits this crime by acting as a distributor in the drug distribution chain, and it is irrelevant that other persons are also involved in the chain.
It is not necessary for the State to prove that (defendant) intended that (victim) die.
Lesser Included Offenses
UNLAWFUL DISTRIBUTION OF (NAME(S) of ENUMERATED CONTROLLED SUBSTANCE(S)) by a person 18 years of age or older causing death— 782.04(1)(a)3.
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS.NO.
Manslaughter
782.07
7.7
Second degree (depraved mind) murder
782.04(2)
7.4
Non-homicide lesser**
Delivery of a Controlled Substance**
893.13(1)
25.2
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
52688f649bf14cfc47aa6100a5bf4d9732a4f0e2a3938be3d45a1cf6568f9ef8
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