Fla. Std. Jury Instr. (Crim.) 9.2

§ 787.02, Fla. Stat.

To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) [forcibly] [secretly] [by threat]

[confined]

[abducted]

[imprisoned]

[restrained]

(victim) against [his] [her] will.

2. (Defendant) had no lawful authority to do so.

Give if applicable. Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).

“Secretly” means the defendant intended to isolate or insulate (victim) from meaningful contact or meaningful communication with the public.

Read only if confinement is alleged and victim is under 13 years of age.

Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian.

If a violation of § 787.02(3), Fla. Stat., is charged, instruct as follows:

If you find the defendant guilty of False Imprisonment, you must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt:

1. At the time of the False Imprisonment, (victim) was under 13 years of age;

and

2. In the course of committing the False Imprisonment, (defendant) committed [an Aggravated Child Abuse] [a Sexual Battery against (victim)] [a Lewd or Lascivious Battery] [a Lewd or Lascivious Molestation] [a Lewd or Lascivious Conduct] [a Lewd or Lascivious Exhibition] [a Procuring a Child for Prostitution upon (victim)] [a Forcing, Compelling, or Coercing Another to Become a Prostitute upon (victim)] [an Exploitation of a Child upon (victim)] [Human Trafficking for Commercial Sexual Activity in which [a Child under the Age of 18] [an adult believed by the defendant to be a child younger than 18 years of age] [a Mentally Defective Person] [or] [a Mentally Incapacitated Person] was Involved] [Capital Human Trafficking of Vulnerable Persons for Sexual Exploitation]. Define applicable felony unless included in other instructions.

If the State has charged and is seeking the adult-on-minor sex offense multiplier in § 921.0024(1)(b), Fla. Stat., instruct as follows. Alleyne v. United States, 133 S. Ct. 2151 (2013).

If you find the defendant guilty of False Imprisonment, you must also determine whether the State has proved the following four elements beyond a reasonable doubt:

1. At the time of the False Imprisonment, (defendant) was 18 years of age or older.

2. At the time of the False Imprisonment, (victim) was younger than 18 years of age.

3. The False Imprisonment was committed on or after October 1, 2014.

4. In the course of committing the False Imprisonment, (defendant) committed [Sexual Battery] [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Conduct] [Lewd or Lascivious Exhibition] [Lewd or Lascivious Exhibition Over a Computer Service] against (same victim as in element #2). Define applicable felony unless included in other instructions.

§ 787.001, Fla. Stat. Give only if applicable.

The defendant’s ignorance of (victim’s) age is not a defense. Additionally, the misrepresentation of (victim’s) age by any person or the defendant’s genuine belief that (victim) was over a specified age is not a defense.

Lesser Included Offenses*

FALSE IMPRISONMENT* — 787.02

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1

Battery

784.03

8.3

Assault

784.011

8.1