21.4 FALSE REPORT OF COMMISSION OF A CRIME
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
- 21.4
- Statute
- § 817.49, 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 False Report of Commission of a Crime, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) willfully [imparted] [conveyed] [or] [caused to be imparted or conveyed] false information or a report about the alleged commission of a crime under Florida law to (name of law enforcement officer or name of employee of a public safety agency).
2. (Defendant) knew the information or report was false because [he] [she] knew that no such crime had actually been committed.
3. (Name of law enforcement officer or name of employee of a public safety agency) was a [law enforcement officer] [or] [an employee of a public safety agency].
4. (Defendant) knew (name of law enforcement officer or name of employee of a public safety agency) was a [law enforcement officer] [or] [an employee of a public safety agency].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Enhanced penalties. Give only if applicable. § 817.49(2)(b), Fla. Stat.
If you find (defendant) guilty of False Report of Commission of a Crime, you must further find whether the State proved beyond a reasonable doubt that:
1. The false report of a crime resulted in a response by a federal, state, district, municipal, or other public safety agency; and
2. The response resulted in [death] [great bodily harm] [permanent disfigurement] [or] [permanent disability] to any person; and
3. The [death] [great bodily harm] [permanent disfigurement] [or] [permanent disability] was the proximate result of lawful conduct arising out of the response to the false report.
Lesser-included offenses
As the instruction lists them, word for word.
FALSE REPORT OF COMMISSION OF A CRIME – DEATH IS PROXIMATE RESULT OF LAWFUL CONDUCT ARISING FROM RESPONSE TO THE FALSE REPORT — 817.49(2)(b)2.
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| False Report of Commission of Crime – Great bodily harm, etc. is proximate result of lawful conduct arising from response to the false report | 817.49(2)(b)1. | 21.4 | |
| False Report Commission of a Crime | 817.49(1) | 21.4 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Filing a False Police Report 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.