Fla. Std. Jury Instr. (Crim.) 7.3(b)

§ 782.04(5)(b), 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 Less Than 18 Years of Age Causing Death, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) distributed a substance.

2. The substance was [(name of enumerated controlled substance(s))] [or] [a mixture containing ((name of enumerated controlled substance(s))].

3. (Defendant) knew or reasonably should have known that the substance that [he] [she] distributed contained [(name of enumerated controlled substance(s))] [or] [a mixture containing (name of enumerated controlled substance(s))].

4. The distribution was unlawful.

5. At the time of the distribution, (defendant) was less than 18 years of age.

6. (Victim) is dead.

7. 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)].

“Distribute” means to deliver, other than by administering or dispensing.

“Deliver” means the actual, constructive, or attempted transfer from one person to another of a substance, regardless of whether there is an agency relationship.

“Administer” means the direct application of a substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person.

“Dispense” means the transfer of possession of one or more doses of a medicinal drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user.

“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 LESS THAN 18 YEARS OF AGE causing death— 782.04(5)(b)

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