10.7(d) POSSESSING, THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING A DESTRUCTIVE DEVICE RESULTING IN DEATH
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
- 10.7(d)
- Statute
- § 790.161(4), 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 two elements beyond a reasonable doubt:
1. (Defendant) willfully and unlawfully
[made]
[possessed]
[threw]
[placed]
[projected]
[discharged]
[attempted to [make] [possess] [throw] [place] [project] [discharge]]
a destructive device.
2. The act resulted in the death of another person.
Lesser-included offenses
As the instruction lists them, word for word.
POSSESSING, THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING DESTRUCTIVE DEVICE — 790.161(4)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Possessing, throwing, making, placing, projecting, or discharging destructive device resulting in bodily harm | 790.161(3) | 10.7(c) | |
| Possessing, throwing, making, placing, projecting, or discharging destructive device | 790.161(1) | 10.7(a) | |
| Possessing, throwing, making, placing, projecting, or discharging destructive device, etc. | 790.161(2) | 10.7(b) | |
| Aggravated assault | 784.021 | 8.2 | |
| Assault | 784.011 | 8.1 |
Related practice page
Bombs and Destructive Devices 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.