12.4 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
- Statute
- § 806.13(1)-(2), 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) injured or damaged [real] [personal] property.
2. The property injured or damaged belonged to (person alleged).
3. The injury or damage was done willfully and maliciously.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Degrees. Give as applicable.
If you find the defendant guilty of criminal mischief, you must determine whether the State proved beyond a reasonable doubt that:
a. [the damage to the property was $1,000 or greater.] [by reason of the damage, there was an interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which cost $1,000 or more in labor and supplies to restore.]
b. [the damage to the property was greater than $200 but less than $1,000.]
c. [the damage to the property was $200 or less.]
d. [the property damaged was a church, synagogue, mosque, or other place of worship or any religious article contained therein].
e. [the defendant has previously been convicted of criminal mischief].
Lesser-included offenses
As the instruction lists them, word for word.
CRIMINAL MISCHIEF — 806.13(1)(b)1
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
CRIMINAL MISCHIEF — 806.13(1)(b)2
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Criminal mischief | 806.13(1)(b)1 | 12.4 | |
| Attempt | 777.04(1) | 5.1 |
CRIMINAL MISCHIEF — 806.13(1)(b)3
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Criminal mischief | 806.13(1)(b)1 | 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.