10.6 DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY]

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
10.6
Statute
§ 790.15, 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 Discharging a Firearm [in Public] [on Residential Property], the State must prove the following element beyond a reasonable doubt:

Give a, b, c, and/or d as applicable.

a. (Defendant) knowingly discharged a firearm in a public place.

b. (Defendant) knowingly discharged a firearm [on] [over] the right of way of a paved public road, highway, or street.

c. (Defendant) knowingly discharged a firearm over an occupied premises.

d. (Defendant) [recklessly] [negligently] discharged a firearm outdoors on property [used primarily as the site of a dwelling] [zoned exclusively for residential use].

Lesser-included offenses

As the instruction lists them, word for word.

DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY] — 790.15

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(1)5.1

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.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp