21.20 TAMPERING WITH AN ELECTRONIC MONITORING DEVICE
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
- 21.20
- Statute
- § 843.23, 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 Tampering with an Electronic Monitoring Device, the State must prove the following three elements beyond a reasonable doubt:
1. [(Defendant)] [(Name of person)] was ordered to [wear] [use] an electronic monitoring device by [court order] [an order by the Florida Commission on Offender Review].
2. (Defendant) intentionally [removed] [destroyed] [altered] [tampered with] [damaged] [affirmatively acted to circumvent the operation of] [requested, authorized, or solicited a person to [remove] [destroy] [alter] [tamper with] [damage] [affirmatively act to circumvent the operation of]] that electronic monitoring device.
3. (Defendant) did not have authority to do so.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give after a finding of guilt in a bifurcated proceeding.
Now that you found (defendant) guilty of Tampering with an Electronic Monitoring Device, you must further determine whether the State proved beyond a reasonable doubt whether the person who had to wear or use the electronic monitoring device was [charged with] [serving a sentence for]:
a. a misdemeanor or a third degree felony.
b. a second degree felony.
c. a first degree felony, or a first degree felony punishable by a term of years not exceeding life, a life felony, or a capital felony.
Lesser-included offenses
As the instruction lists them, word for word.
TAMPERING WITH AN ELECTRONIC MONITORING DEVICE — 843.23
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Criminal Mischief | 806.13 | 12.4 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Failure to Appear, Bail Jumping, and Ankle-Monitor Tampering 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.