21.21 FAILURE TO REPORT KNOWN OR SUSPECTED UNLAWFUL ABUSE OR SEXUAL MISCONDUCT BY A STATE CORRECTIONS DEPARTMENT EMPLOYEE UPON AN [INMATE] [OFFENDER]
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
- 21.21
- Statute
- § 944.35(4(a), (4)(b), and (4)(c), 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 Failure to Report Known or Suspected Unlawful Abuse or Sexual Misconduct by a State Corrections Department Employee upon an [Inmate] [Offender], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was an employee of the Florida Department of Corrections.
2. (Defendant) had a duty to make a report because [he] [she] either witnessed or reasonably suspected unlawful abuse or sexual misconduct by an employee of the Florida Department of Corrections upon an [inmate] [offender supervised in the community].
Give as applicable.
3. (Defendant) knowingly and willfully
a. failed to make and deliver such report.
b. prevented another person from making or delivering such report.
c. submitted inaccurate, incomplete, or untruthful information in such report.
d alter testimony or a written report regarding an incident where force was used or an incident of sexual misconduct.
Lesser-included offenses
As the instruction lists them, word for word.
FAILURE TO REPORT KNOWN OR SUSPECTED UNLAWFUL ABUSE OR SEXUAL MISCONDUCT BY A STATE CORRECTIONS DEPARTMENT EMPLOYEE UPON AN [INMATE] [OFFENDER] — 944.35(4)(c)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Failure to report or preventing another from reporting | 944.35(4)(a) | 21.21 | |
| Submitting inaccurate, incomplete, or an untruthful report | 944.35(4)(b) | 21.21 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Criminal Charges Against Corrections Officers and Jail Staff
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.