17.4 WORTHLESS CHECK — OBTAINING 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
- 17.4
- Statute
- § 832.05(4), 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 (crime charged), the State must prove the following seven elements beyond a reasonable doubt:
1. (Defendant)
[drew]
[made]
[uttered]
[issued]
[delivered]
the check admitted in evidence as State Exhibit _____.
2. (Defendant) did so to obtain
[services].
[goods].
[wares].
[(other thing of value alleged)].
3. The [services] [goods] [wares] [(other thing of value alleged)] had some monetary value.
4. When (defendant) did so, there was not sufficient money on deposit in the bank to pay the check.
5. (Defendant) knew when the check was written there was not sufficient money on deposit with the bank.
6. (Defendant) knew there was no arrangement or understanding with the bank for the payment of the check when it was presented.
7. The check was in the amount of $150 or more.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Defenses. Give if applicable.
Even if you find all these elements are proved, you should go on to consider the defense. You must find the defendant not guilty if you find either of the following two defenses to have been proved:
1. (Name of payee) knew that (defendant's) funds and credit at the bank at the time the check was given were insufficient to pay the check; or
2. (Name of payee) had good reason to believe that (defendant's) funds and credit at the bank at the time the check was given were insufficient to pay the check.
Lesser-included offenses
As the instruction lists them, word for word.
OBTAINING PROPERTY BY WORTHLESS CHECKS — 832.05(4)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Worthless check | 832.05(2) | 17.3 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Worthless (Bad) Check Charges 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.