IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASESREPORT 2019-08.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Proceeding - Supreme Court Committee on Standard Jury
Instructions in Criminal Cases
F. Rand Wallis , Chair, Supreme Court Committee on Standard
Jury Instructions in Criminal Cases, Daytona Beach, Florida;
and Bart Schneider , Staff Liaison, Office of the State
Courts Administrator, Tallahassee, Florida, for Petitioner.
Supreme Court Committee on Standard Jury Instructions in
Criminal Cases (Committee) has submitted proposed changes to
the standard jury instructions and asks that the Court
authorize the amended standard instructions for publication
and use. We have jurisdiction. See art. V, §
2(a), Fla. Const.
Committee proposes amending standard criminal jury
instructions 8.6 (Stalking), 8.7(a) (Aggravated Stalking),
8.7(b) (Aggravated Stalking (Injunction Entered)), 8.7(c)
(Aggravated Stalking (Victim under 16 years of age)), and
8.7(d) (Aggravated Stalking (Defendant previously sentenced
for sex offense and was prohibited from contacting victim)).
The Committee filed its report after publishing the proposals
in The Florida Bar News. No comments were received
by the Committee.
considered the Committee's report, we amend the standard
jury instructions as proposed by the Committee and authorize
them for publication and use. All of the instructions are
updated to include the amended definition for
"cyberstalk" based upon chapter 2019-167, section
31, Laws of Florida, which amended section 784.048(1)(d),
Florida Statutes (2019). In addition, instruction 8.7(b) is
amended to move the citation to Seese v. State, 955
So.2d 1145 (Fla. 4th DCA 2007), from the comment section to
above the definition for "maliciously." Finally, in
instruction 8.7(d), the citation to Seese and the
definition for "maliciously" are added.
amended criminal jury instructions, as set forth in the
appendix to this opinion, are hereby authorized for
use. New language is indicated by
underlining, and deleted language is indicated by
struck-through type. We caution all interested parties that
any comments associated with the instructions reflect only
the opinion of the Committee and are not necessarily
indicative of the views of this Court as to their correctness
or applicability. In authorizing the publication and use of
these instructions, we express no opinion on their
correctness and remind all interested parties that this
authorization forecloses neither requesting additional or
alternative instructions nor contesting the legal correctness
of the instructions. The instructions as set forth in the
appendix shall become effective when this opinion becomes
C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ.,
784.048(2), Fla. Stat.
prove the crime of Stalking, the State must prove the
following element beyond a reasonable doubt:
willfully, maliciously, and repeatedly [followed]
[harassed] [or] [cyberstalked] (victim).
784.048(1)(a), Fla. Stat.
means to engage in a course of conduct directed at a specific
person which causes substantial emotional distress to that
person and serves no legitimate purpose.
784.048(1)(b), Fla. Stat.
of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, which
evidences a continuity of purpose. The term does not include
constitutionally protected activity such as picketing or
other organized protests.
v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
means knowingly, intentionally and purposely.
784.048(1)(d), Fla. Stat.
means [to engage in a course of conduct to communicate, or to
cause to be communicated, words, images, or language by or
through the use of electronic mail or electronic
communication, directed at a specific person,] [or] [to
access or attempt to access the online accounts or
Internet-connected home electronic systems of another person
without that person's permission,] causing
substantial emotional distress to that person and serving no
STALKING - 784.048(2)
instruction was approved in 1995 [657 So.2d 1152] and amended
in 2007 [953 So.2d 495], and 2013
[131 So.3d 755], and 2020.
784.048(3), Fla. Stat.
prove the crime of Aggravated Stalking, the State must prove
the following two elements beyond a reasonable
1. (Defendant) willfully,
maliciously, and repeatedly [followed] [harassed] [or]
[cyberstalked] (victim); and
2. (Defendant) made a credible
threat to (victim).