12.4(a) CRIMINAL MISCHIEF – [MEMORIAL] [HISTORIC 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
- 12.4(a)
- Statute
- § 806.13(3), 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 Criminal Mischief – [Memorial] [Historic Property], the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) defaced, injured, or damaged [a memorial] [historic property].
2. The [memorial] [historic property] was defaced, injured, or damaged without the consent of the owner.
3. The defacement, injury, or damage was done willfully and maliciously.
4. The damage to the [memorial] [historic property] was greater than $200.
Lesser-included offenses
As the instruction lists them, word for word.
CRIMINAL MISCHIEF [MEMORIAL] [HISTORIC PROPERTY] — 806.13(3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Criminal Mischief | 806.13(1)(b)1 | 12.4 | |
| Criminal Mischief | 806.13(1)(b)3 | 12.4 | |
| Criminal Mischief | 806.13(1)(b)2 | 12.4 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Criminal Mischief and Vandalism 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.