Fla. Std. Jury Instr. (Crim.) 9.6

§ 787.07, Fla. Stat.

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

1. (Defendant) knowingly and willfully transported (alien) into Florida.

2. At the time, (defendant) knew or reasonably should have known:

a. (alien) entered the United States in violation of law;

and

b. (alien) had not been inspected by the Federal Government since [his] [her] unlawful entry from another country.

“Willfully” means intentionally and purposely.

Give the following paragraphs only if applicable.

If the defendant knowingly and willfully presented false identification or gave false information to a law enforcement officer who was conducting an investigation of this Human Smuggling statute, you may infer the defendant was aware that (alien) entered the United States in violation of law and had not been inspected by the Federal Government since [his] [her] unlawful entry.

If you find the defendant guilty of Human Smuggling, you must also determine whether the State proved beyond a reasonable doubt that (alien) was less than 18 years of age at the time of the Human Smuggling.

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.

A person commits a separate offense of Human Smuggling for each individual transported in violation of elements 1. and 2. above. If you find the defendant guilty of Human Smuggling, you must also determine whether the State proved beyond a reasonable doubt that [he] [she] committed five or more separate offenses of Human Smuggling during a single episode.

§ 787.07(5), Fla. Stat.*

Now that you have found the defendant guilty of Human Smuggling, you must also determine whether the State proved beyond a reasonable doubt that the defendant was previously convicted of Human Smuggling.

“Convicted” means a determination of guilt that was the result of a plea or a trial, regardless of whether adjudication was withheld or a plea of nolo contendere was entered.

Lesser Included Offense

Human SMuggling — 787.07

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04

5.1