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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO |
|---|---|---|---|
| Petit theft - second degree* | 812.014(3)(a) | 14.1 | |
| Attempt | 777.04(1) | 5.1 | |
| Petit theft - first degree* | 812.014(2)(e) | 14.1 | |
| Battery | 784.03 | 8.3 | |
| Assault | 784.011 | 8.1 |
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.