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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Trespass in a Structure (or Conveyance) | 810.08 | 13.3 | |
| Criminal Mischief* | 806.13(1)-(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.