25.20 POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION

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
25.20
Statute
§ 944.47(1)(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 Possession of Contraband [In] [Upon the Grounds of] a State Correctional Institution, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) possessed

Give as applicable.

a. [written or recorded communication] [currency or coin] [an article of [food] [clothing]] that was [given or transmitted] [intended to be given or transmitted] to an inmate of a state correctional institution.

b. [an intoxicating beverage] [a beverage which causes or may cause an intoxicating effect.]

c. a controlled substance. (Name of controlled substance) is a controlled substance.

d. marijuana.

e. hemp.

f. industrial hemp.

g. any prescription or non-prescription drug having a hypnotic, stimulating, or depressing effect.

h. [a firearm] [a weapon of any kind] [an explosive substance].

i. any [cellular telephone] [portable communication device] intentionally and unlawfully introduced inside the secure perimeter of the state correctional institution.

j. any vapor-generating electronic device intentionally and unlawfully introduced inside the secure perimeter of a state correctional institution.

2. At the time, (defendant) was [an inmate] [upon the grounds] of a state correctional institution.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Give if it is alleged that the crime was committed by an employee. §§ 944.47(2)(b) and 944.115(2)(b), Fla. Stats.

If you find (defendant) guilty of Possession of Contraband [In] [Upon the Grounds of] a State Correctional Institution, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] was an employee who used or attempted to use the powers, rights, privileges, duties, or position of [his] [her] employment in the commission of the crime.

Lesser-included offenses

As the instruction lists them, word for word.

POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Possession of a Controlled Substance, if a controlled substance is the contraband alleged893.1325.7
Possession of a Firearm or a Concealed Weapon by a Convicted Felon, if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate.790.2310.15
Carrying a Concealed Firearm790.01(2)10.1
Carrying a Concealed Weapon790.01(1)10.1
Attempt777.04(1)5.1

Related practice page

Contraband Charges in Florida Jails, Prisons, and Juvenile Facilities

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.

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