14.6 UNAUTHORIZED POSSESSION OF A COMMUNICATIONS DEVICE
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
- 14.6
- Statute
- § 812.15(4)(a)-(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 Unauthorized Possession of a Communications Device, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) intentionally possessed a communications device.
2. (Defendant) did not have the express authorization of the cable operator or other communications service provider to possess such a device.
3. (Defendant) knew or had reason to know that the design of such device rendered it primarily useful [for assisting others] to willfully intercept, receive, decrypt, disrupt, transmit, retransmit, or acquire access to any communications service.
4. (Defendant) intentionally possessed the communications device with the intent to defraud the cable operator or communications service provider.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
If you find the defendant guilty of Unauthorized Possession of a Communications Device, you must determine beyond a reasonable doubt whether the defendant possessed:
Give a, b, or c as applicable.
a. Less than five communications devices.
b. Five or more communications devices, but less than fifty.
c. Fifty or more communications devices.
Lesser-included offenses
As the instruction lists them, word for word.
No lesser included offenses have been identified for this offense.
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.