22.2 MAINTAINING A GAMBLING ESTABLISHMENT
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
- 22.2
- Statute
- § 849.01-A (849.02) 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 Maintaining a Gambling Establishment, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant),
a. [in person or by a servant, clerk, or agent,]
Give 1b if applicable under § 849.02, Fla. Stat.
b. [acting as servant, clerk, agent, or employee of another,] had a substantial degree of control over and kept or maintained (place or articles alleged).
2. The [place was] [articles were] habitually kept or maintained for the purpose of gambling.
Lesser-included offenses
As the instruction lists them, word for word.
MAINTAINING A GAMBLING ESTABLISHMENT — 849.01 (849.02)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Lottery | 849.09(1)(f) | ||
| Lottery | 849.09(1)(k) | 22.11 | |
| Lottery | 849.11 |
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.