28.8(a) FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (SIREN AND LIGHTS ACTIVATED WITH HIGH SPEED OR RECKLESS DRIVING CAUSING SERIOUS BODILY INJURY OR DEATH)
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
- 28.8(a)
- Statute
- § 316.1935(3)(b), 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 Fleeing to Elude a Law Enforcement Officer, the State must prove the following five elements beyond a reasonable doubt:
1. (Defendant) was operating a vehicle upon a street or highway in Florida.
2. (Defendant), knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer.
3. The law enforcement officer was in an authorized law enforcement patrol vehicle with agency jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.
4. During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property.
5. As a result of (defendant’s) fleeing or eluding at high speed or wanton disregard for safety, [he] [she] caused [the death of] [serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle].
Lesser-included offenses
As the instruction lists them, word for word.
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935(3)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Fleeing to elude | 316.1935(3)(a) | 28.8 | |
| Fleeing to elude | 316.1935(2) | 28.7 | |
| Fleeing to elude | 316.1935(1) | 28.6 | |
| Reckless Driving (if wanton disregard for the safety of persons or property is charged or if there is evidence that the fleeing is in a motor vehicle) | 316.192(1) | 28.5 | |
| Disobedience to Police or Fire Department Officials* | 316.072(3) | 28.18 |
Related practice page
Fleeing and Eluding a Police Officer 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.