Fla. Std. Jury Instr. (Crim.) 8.22

§ 836.10, Fla. Stat.

To prove the crime of Written [or Electronic] Threat to [Kill] [Do Bodily Injury] [Conduct a Mass Shooting] [Conduct an Act of Terrorism], the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) made a threat to [kill] [or] [do bodily harm to another person] [or] [conduct a mass shooting] [or] [conduct an act of terrorism] in a writing [or other record].

2. (Defendant) [sent, posted, or transmitted] [or] [procured the sending, posting, or transmission of] that writing [or other record].

3. (Defendant) did so in any manner in which it may be viewed by another person.

4. (Defendant) intended the threat to be a true threat.

A true threat is a serious expression of an intent to commit an act of violence.

Give if applicable.

To “procure” means to persuade, induce, prevail upon, or cause a person to do something.

Give if applicable.

“Other record” includes an electronic record. The term “electronic record” means any record created, modified, archived, received, or distributed electronically which contains any combination of text, graphics, video, audio, or pictorial represented in digital form, but does not include a telephone call.

Give if applicable. § 775.30(1), Fla. Stat. The judge may need to instruct on certain criminal laws that are violent acts or acts dangerous to human life, or a violation of § 815.06, Fla. Stat. (Instructions #12.6-12.8).

“Terrorism” means an activity that:

(a) involves:

1. a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or

2. A violation of s. 815.06;

and

(b) is intended to:

1. intimidate, injure, or coerce a civilian population;

2. influence the policy of a government by intimidation or coercion; or

3. affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

Lesser Included Offenses

WRITTEN [OR ELECTRONIC] THREAT TO [KILL] [DO BODILY INJURY] [CONDUCT A MASS SHOOTING] [CONDUCT AN ACT OF TERRORISM] – 836.10

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1

Assault

784.011

8.1