13.2 POSSESSION OF A BURGLARY TOOL
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
- 13.2
- Statute
- § 810.06, 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 Possession of a Burglary Tool, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) possessed a [tool] [machine] [implement].
2. At the time of the possession, (defendant) intended to commit a burglary or a trespass [or intended that someone else commit a burglary or trespass].
3. At the time of the possession, (defendant) intended that the [tool] [machine] [implement] would be used to commit that burglary or trespass.
4. (Defendant) did some overt act toward committing the burglary or the trespass [or] [The person that (defendant) intended to commit the burglary or trespass did some overt act toward committing the burglary or the trespass].
Lesser-included offenses
As the instruction lists them, word for word.
No lesser included offenses have been identified for this offense. The crime of Attempted Possession of a Burglary Tool does not exist in Florida. See State v. Thomas, 362 So. 2d 1348 (Fla. 1978) (Possession of a Burglary Tool is not committed until the item is in the possession of a person who is using or attempting to use the object as a burglary tool).
Related practice page
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.