22.16 [SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE PRETEXT OF A SALE, GIFT, OR DELIVERY
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
- 22.16
- Statute
- § 849.11, 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 [Setting Up] [Promoting] [Playing at] a Game of Chance For Money, Thing of Value, or Under the Pretext of a Sale, Gift or Delivery, the State must prove following three elements beyond a reasonable doubt:
1. (Defendant) [set up] [promoted] [played at] a game of chance.
2. (Defendant) did so [by lot] [with [dice] [cards] [numbers] [hazards] [any gambling device]].
Give 3a and/or 3b as applicable.
3. (Defendant) did so:
a. for the disposal of money or other thing of value; or
b. [under the pretext of a sale, gift, or delivery] [or] [for any right, share, or interest thereof].
Lesser-included offenses
As the instruction lists them, word for word.
[SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE PRETEXT OF A SALE, GIFT, OR DELIVERY — 849.11
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04 | 5.1 |
Related practice page
Illegal Gambling 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.