25.23 RECKLESS EXPOSURE CAUSING AN OVERDOSE OR SERIOUS BODILY INJURY
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
- 25.23
- Statute
- § 893.132, 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 Reckless Exposure to (name(s) of enumerated controlled substance(s))* Causing an Overdose or Serious Bodily Injury to a[n] (type of first responder) in the Course of Unlawful Possession of the (name(s) of enumerated controlled substance(s))*, the State must prove the following five elements beyond a reasonable doubt:
1. (Defendant) unlawfully possessed (name(s) of enumerated controlled substance(s)).
2. In the course of [his] [her] unlawful possession of (name(s) of enumerated controlled substance(s)), (defendant) recklessly exposed (victim) to the (name(s) of enumerated controlled substance(s)).
3. At the time of the reckless exposure, (victim) was acting in [his] [her] official capacity as a[n] [law enforcement officer] [correctional officer] [correctional probation officer] [firefighter] [emergency medical technician] [paramedic].
4. The reckless exposure resulted in an overdose or serious bodily injury to (victim).
5. At the time of the reckless exposure, (defendant) was 18 years of age or older.
Lesser-included offenses
As the instruction lists them, word for word.
RECKLESS EXPOSURE causing AN OVERDOSE OR SERIOUS BODILY INJURY — 893.132
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS.NO. |
|---|---|---|---|
| Possession of a controlled substance | 893.13 | 25.7 | |
| Culpable negligence (inflicting injury) | 784.05(2) | 8.9 | |
| Culpable negligence (exposing another to injury) | 784.05(1) | 8.9 |
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.