25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] 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
- 25.21
- Statute
- § 944.47(1)(a), 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 [Introduction] [Removal] of Contraband [into] [from] a State Correctional Institution, the State must prove the following [three] [four] elements beyond a reasonable doubt:
1. (Defendant) [introduced into or upon the grounds of] [took] [sent] [attempted to [take] [send]] an item [into] [from] a state correctional institution.
2. (Defendant) had knowledge of the presence of the item.
3. The item was:
Give as applicable.
a. a [written] [recorded] communication.
b. [currency] [or] [coin].
c. an article of [food] [clothing].
d. an intoxicating beverage or a beverage which causes or may cause an intoxicating effect.
e. a controlled substance. (Name of controlled substance) is a controlled substance.
f. marijuana.
g. hemp.
h. industrial hemp.
i. any prescription or nonprescription drug having a hypnotic, stimulating, or depressing effect.
j. [a firearm] [a weapon of any kind] [an explosive substance].
k. any [cellular telephone] [or] [portable communication device] intentionally and unlawfully introduced inside the secure perimeter of a state correctional institution.
l. any vapor-generating electronic device intentionally and unlawfully introduced inside the secure perimeter of a state correctional institution.
Give element #4 if element #3a, 3b, or 3c is given.
4. (Defendant) [gave or transmitted] [or] [intended to give or transmit] the [written communication] [recorded communication] [currency] [coin] [article of food] [article of clothing] to an inmate of the 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 [Introduction] [Removal] of Contraband [into] [from] 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.
[INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| *Possession of a Controlled Substance, if a controlled substance is the contraband alleged | 893.13 | 25.7 | |
| 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. | 790.23 | 10.15 | |
| Carrying a Concealed Firearm | 790.01(2) | 10.1 | |
| Carrying a Concealed Weapon | 790.01(1) | 10.1 |
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.