20.30 FRAUDULENT USE OF A GIFT CARD
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
- 20.30
- Statute
- § 817.091(2), 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 Fraudulent Use of a Gift Card, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant)
Give as applicable:
a. acquired or retained possession of a [gift card] [gift card redemption information] without the consent of the [cardholder] [card issue] [gift card seller].
b. altered or tampered with a gift card or its packaging.
c. devised a scheme to obtain a [gift card] [gift card redemption information] from [a] [cardholder] [card issuer] [gift card seller] by means of false or fraudulent pretenses, representations, or promises.
d. used, for the purpose of obtaining [money] [goods] [services] or anything else of value, a [gift card] [gift card redemption information] that had been obtained (insert the way that § 817.091(2), Fla. Stat. had been violated).
2. [He] [She] did so with the intent to defraud.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable.
If you find the defendant guilty of Fraudulent Use of a Gift Card, you must also determine if the State proved beyond a reasonable doubt that the value of any [gift card(s)] [gift card redemption information] [money] [goods] [services] [or other thing of value] obtained exceeded $750.
Lesser-included offenses
As the instruction lists them, word for word.
20.30 FRAUDULENT USE OF A GIFT CARD – 817.091(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS.NO. |
|---|---|---|---|
| None | |||
| Theft | 812.014 | 14.1 |
Related practice page
Criminal defense in Miami. State or federal.
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.