20.19(a) COMMUNICATIONS FRAUD

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
20.19(a)
Statute
817.034(4)(b), 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 Communications Fraud, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) engaged in a scheme to defraud.

2. As part of the scheme to defraud, (defendant) communicated with (victim) with the intent to obtain property from (victim).

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

If you find the defendant guilty of Communications Fraud, you must also determine if the State proved beyond a reasonable doubt that the value of property obtained or endeavored to be obtained by the communication was [$300 or more] [less than $300].

If the exact value cannot be determined, you should attempt to determine a minimum value. If the minimum value of the property cannot be determined, you must find the value is less than $300.

Reclassification. Give if § 817.034(4)(c), Fla. Stat. is charged.

If you find the defendant committed Communications Fraud, you must further determine whether the State proved beyond a reasonable doubt that (victim) was [65 years or older] [less than 18 years of age] [or] [a person with a mental or physical disability].

Lesser-included offenses

As the instruction lists them, word for word.

COMMUNICATIONS FRAUD — 817.034(4)(b)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Grand theft – third degree812.014(2)(c)1, 2, 314.1
Petit theft – first degree812.014(2)(e)14.1
Petit theft – second degree812.014(3)(a)14.1
Scheme to defraud817.034(4)(a)3.20.19

Related practice page

Organized Scheme to Defraud Defense in Miami · Fraud & Financial 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.

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