12.4(d) CRIMINAL MISCHIEF

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(d)
Statute
§ 806.13(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 Criminal Mischief, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) intentionally damaged [a residential dwelling] [commercial real property] belonging to (person alleged).

2. (Defendant) did so while [he] [she] unlawfully [occupied] [trespassed upon] [or] [detained] the [residential dwelling] [commercial real property].

3. The damage was $1,000 or more.

Lesser-included offenses

As the instruction lists them, word for word.

CRIMINAL MISCHIEF — 806.13(4)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Trespass in a Structure (or Conveyance)810.0813.3
Criminal Mischief*806.13(1)-(2)12.4
Attempt777.04(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.

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