15.2 CARJACKING
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
- 15.2
- Statute
- § 812.133, 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 Carjacking, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) took a motor vehicle from the person or custody of (person alleged).
2. Force, violence, assault, or putting in fear was used in the course of the taking.
3. The taking was with the intent to temporarily or permanently [deprive (victim) of [his] [her] right to the motor vehicle or any benefit from it] [appropriate the motor vehicle of (victim) to [his] [her] own use or to the use of any person not entitled to it].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Higher degrees of Carjacking. Give only if applicable. §§ 812.133(2)(a) and 812.133(3)(a) Fla. Stats.
If you find the defendant guilty of the crime of Carjacking, you must further determine beyond a reasonable doubt if “in the course of committing the Carjacking” the defendant carried a firearm or other deadly weapon. An act is “in the course of committing the Carjacking” if it occurs in an attempt to commit Carjacking or in flight after the attempt or commission.
With a firearm or deadly weapon. § 812.133(2)(a), Fla. Stat.
If you find that the defendant carried a firearm or other deadly weapon in the course of committing the Carjacking, you should find [him] [her] guilty of Carjacking with a firearm or deadly weapon.
With no firearm or weapon. § 812.133(2)(b) Fla. Stat.
If you find that the defendant carried no firearm or deadly weapon in the course of committing the Carjacking, but did commit the Carjacking, you should find [him] [her] guilty only of Carjacking.
Lesser-included offenses
As the instruction lists them, word for word.
*CARJACKING — 812.133
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Robbery | 812.13(2)(c) | 15.1 | |
| Grand theft – motor vehicle | 812.014(2)(c)6 | 14.1 | |
| Assault (if assault was charged) | 784.011 | 8.2 | |
| Aggravated Battery | 784.045 | 8.4 | |
| Attempted Carjacking | 777.04(1) | 5.1 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Felony Battery | 784.041 | 8.5 | |
| Battery | 784.03 | 8.3 | |
| Resisting a Merchant | 812.015(6) | 14.4 |
Related practice page
Robbery and Carjacking Defense in Miami · Violent Crimes 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.