25.1 SALE OF A SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE
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
- 25.1
- Statute
- § 817.563, 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 Sale of a Substance in Place of a Controlled Substance, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) without legal authority agreed, consented, or offered to sell (substance prohibited by § 893.03, Fla. Stat.).
2. (Defendant) did sell a different substance in place of (substance prohibited by § 893.03, Fla. Stat.).
Lesser-included offenses
As the instruction lists them, word for word.
SALE OF SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE — 817.563
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Criminal defense in Miami. State or federal.
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.