14.4 RETAIL THEFT
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
- 14.4
- Statute
- § 812.015(8)(c), 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 Retail Theft, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant)
Give one or more as applicable.
a. took possession of or carried away [merchandise] [property] [money] [negotiable documents] from a merchant.
b. altered or removed a [label] [universal product code] [price tag] from merchandise.
c. transferred merchandise from one container to another.
d. removed a shopping cart from a merchant.
2. (Defendant) did so with the intent to deprive the merchant of possession, use, benefit, or full retail value of the [merchandise] [property] [money] [negotiable documents] [shopping cart].
3. (Defendant) [, acting individually or in concert with one or more other persons,] did so from more than one location within a 120-day period, and the total value of the [merchandise] [property] [money] [negotiable documents] [shopping cart] when added together was $750 or more.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable. Firearm. § 812.015(11), Fla. Stat. Retail Theft is bumped up to first degree felony if the defendant possessed a firearm during the commission of the crime.
You must also determine whether the State prove beyond a reasonable doubt that the defendant possessed a firearm during the commission of the Retail Theft.
Prior conviction. It is error to inform the jury of a prior Retail Theft conviction. If the charging document contains an allegation of Retail Theft convictions, do not read that allegation, and do not send the charging document into the jury room. If the defendant is found guilty of Retail Theft, the historical fact of previous convictions must be determined beyond a reasonable doubt in a bifurcated proceeding. State v. Harbaugh, 754 So. 2d 691 (Fla. 2000). As of November 2024, it was undetermined whether a conviction requires an adjudication of guilt for purposes of the Retail Theft statute.
Now that you have found the defendant guilty of Retail Theft, you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted two or more times of Retail Theft under either § 812.015(8), Florida Statutes, or § 812.015(9), Florida Statutes.
Lesser-included offenses
As the instruction lists them, word for word.
RETAIL THEFT —— 812.015(8)(c)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Grand theft | 812.014(2)(c) | 14.1 | |
| Petit theft — first degree | 812.014(2)(e) | 14.1 | |
| Petit theft — second degree | 812.014(3)(a) | 14.1 | |
| Theft of a shopping cart | 506.513 | -- | |
| Attempt | 777.04 | 5.1 |
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.