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 ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(1)5.1
Criminal Mischief806.1312.4
Discharging firearm in public790.1510.6

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.

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