14.10 FAILURE TO RETURN [HIRED] [LEASED] 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
- 14.10
- Statute
- § 812.155(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 Failure to Return [Hired] [Leased] Property, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) [hired] [leased] personal property [or equipment] from (victim) [or (victim’s agent)].
2. As part of the [hiring] [leasing], (defendant) agreed to return the property [or equipment] to (victim) [or (victim’s agent)] at the end of the period for which the property [or equipment] was [hired] [leased].
3. (Defendant) knowingly [abandoned] [refused to return] the property [or equipment] as agreed.
4. (Defendant) did so without the consent of (victim) [or (victim’s agent)].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Enhancement. Give if applicable.
If you find the defendant guilty of Failure to Return Hired or Leased Property, you must also determine whether the State proved beyond a reasonable doubt that the value of the property [or equipment] was $300 or more.
Give if applicable. § 812.012(10), Fla. Stat.
“Value” means the market value of the property at the time and place of the offense, or if that value cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. If the exact value of the property cannot be ascertained, you should attempt to determine a minimum value. If you cannot determine the minimum value, you must find the value was less than $300.
Lesser-included offenses
As the instruction lists them, word for word.
FAILURE TO RETURN HIRED OR LEASED PROPERTY — 812.155(3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Criminal defense in Miami. State or federal.
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.