15.5 RESISTING RECOVERY OF STOLEN 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
15.5
Statute
§ 812.015(6), 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 Resisting Recovery of Stolen Property, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) [was committing] [or] [had a committed] a theft of property from (name of owner or custodian of property).

2. During or after the theft, (victim) made a reasonable effort to recover the property.

3. (Defendant) resisted (victim’s) effort to recover the property.

4. At the time of (defendant’s) resistance, (victim) had probable cause to believe (defendant) had concealed or removed the property from [its place of display] [(place where property had been kept)].

5. At the time of the resistance, (victim) was a [merchant] [merchant’s employee] [law enforcement officer].

Lesser-included offenses

As the instruction lists them, word for word.

RESISTING RECOVERY OF STOLEN PROPERTY - 812.015(6)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO
Petit theft - second degree*812.014(3)(a)14.1
Attempt777.04(1)5.1
Petit theft - first degree*812.014(2)(e)14.1
Battery784.038.3
Assault784.0118.1

Related practice page

Retail Theft and Shoplifting 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.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp