15.3 HOME-INVASION ROBBERY
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
- 15.3
- Statute
- § 812.135, 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 Home-Invasion Robbery, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) entered the dwelling of (victim).
2. At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery.
3. While inside the dwelling, (defendant) did commit robbery.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Higher degrees of Home-Invasion Robbery. Give if applicable.
If you find the defendant guilty of the crime of Home-Invasion Robbery, you must further determine beyond a reasonable doubt if in the course of committing the Home-Invasion Robbery, the defendant carried some kind of weapon.
With a firearm. § 812.135(2)(a), Fla. Stat.
If you find that the defendant carried a firearm in the course of committing the Home-Invasion Robbery, you should find [him] [her] guilty of Home-Invasion Robbery with a firearm.
With other weapon. § 812.135(2)(b), Fla. Stat.
If you find that the defendant carried a weapon that was not a firearm or a deadly weapon in the course of committing the Home-Invasion Robbery, you should find [him] [her] guilty of Home-Invasion Robbery with a weapon.
With no firearm or weapon. § 812.135(2)(c), Fla. Stat.
If you find that the defendant carried no firearm or weapon in the course of committing the Home-Invasion Robbery, but did commit the Home-Invasion Robbery, you should find [him] [her] guilty only of Home-Invasion Robbery.
Lesser-included offenses
As the instruction lists them, word for word.
*HOME INVASION ROBBERY — 812.135
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Burglary of a dwelling | 810.02(3) | 13.1 | |
| Robbery | 812.13(2)(c) | 15.1 | |
| Burglary of a Structure | 810.02 | 13.1 | |
| Petit theft – second degree | 812.014(3)(a) | 14.1 | |
| Assault | 784.011 | 8.1 | |
| Grand theft—first degree | 812.014(2)(a) | 14.1 | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated battery | 784.045 | 8.4 | |
| Grand theft—second degree | 812.014(2)(b) | 14.1 | |
| Aggravated assault | 784.021 | 8.2 | |
| Felony battery | 784.041 | 8.5 | |
| Grand theft—third degree | 812.014(2)(c) | 14.1 | |
| Grand theft—third degree | 812.014(2)(d) | 14.1 | |
| Felony petit theft | 812.014(3)(c) | 14.1 | |
| Petit theft—first degree | 812.014(2)(e) | 14.1 | |
| Petit theft—first degree | 812.014(3)(b) | 14.1 | |
| Battery | 784.03 | 8.3 | |
| Trespass | 810.08 | 13.3 |
Related practice page
Burglary Defense in Miami · 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.