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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Grand theft – third degree | 812.014(2)(c)1, 2, 3 | 14.1 | |
| Petit theft – first degree | 812.014(2)(e) | 14.1 | |
| Petit theft – second degree | 812.014(3)(a) | 14.1 | |
| Scheme to defraud | 817.034(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.