10.13 SHOOTING OR THROWING A [MISSILE] [STONE] [HARD SUBSTANCE] [AT] [WITHIN] [INTO] [IN] A[N] [BUILDING] [VEHICLE] [VESSEL] [AIRCRAFT]
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 10.13
- Statute
- § 790.19, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of (crime charged), the State must prove the following three elements beyond a reasonable doubt:
Give 1a–1c as applicable.
1. (Defendant)
a. [shot] [or] [threw] a missile that would produce death or great bodily harm.
b. hurled or projected a stone or other hard substance that would produce death or great bodily harm.
c. *shot a firearm that would produce death or great bodily harm.
Give 2a–2f as applicable.
2. [He] [She] did so [at] [within] [into] [in]
a. a public or private building, occupied or unoccupied.
b. a public or private bus, that was being used or occupied by any person.
c. a train, locomotive, railway car, caboose, cable railway car, street railway car, or monorail car that was being used or occupied by any person.
d. a vehicle of any kind that was being used or occupied by any person.
e. a boat, vessel, ship, or barge lying in or plying the waters of this state.
f. an aircraft flying through the air space of this state.
3. The defendant’s act was done wantonly or maliciously.
Lesser-included offenses
As the instruction lists them, word for word.
SHOOTING OR THROWING A [MISSILE] [STONE] [HARD SUBSTANCE [[AT] [WITHIN] [INTO] [IN] A[N] [BUILDING] [VEHICLE] [VESSEL] [AIRCRAFT] — 790.19
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 | |
| Criminal Mischief | 806.13 | 12.4 | |
| Discharging firearm in public | 790.15 | 10.6 |
Related practice page
Gun and Weapons Charges Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.