28.8(c) AGGRAVATED FLEEING OR ELUDING (LEAVING A CRASH INVOLVING DAMAGE TO A VEHICLE OR PROPERTY THEN 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(c)
- Statute
- § 316.1935(4)(b) and § 316.061, 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 Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:
1. (Defendant) was the driver of a vehicle involved in a crash.
2. The crash resulted only in damage to a vehicle or other property.
3. The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].
4. (Defendant) failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given “identifying information” to the [driver or occupant of the damaged vehicle] [person attending the damaged vehicle or property] [and to any police officer at the scene of the crash or who is investigating the crash.]
5. A duly authorized law enforcement officer ordered (defendant) to stop.
6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].
7. As a result of (defendant) fleeing or eluding, [he] she] caused [serious bodily injury to] [the death of] (name of victim).
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) — 316.1935(4)(b) and 316.061
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Aggravated Fleeing | 316.1935(4)(a) | 28.8(e) | |
| Fleeing to Elude LEO | 316.1935(1) | 28.6 | |
| Leaving the Scene of a Crash Involving Damage to Vehicle or Property* | 316.061 | 28.4(a) | |
| Fleeing to Elude LEO | 316.1935(3)(b) | 28.8(a) | |
| Fleeing to Elude LEO | 316.1935(3)(a) | 28.8 | |
| Fleeing to Elude LEO | 316.1935(2) | 28.7 | |
| Reckless Driving (if there was evidence that the fleeing was in a motor vehicle) | 316.192(1)(b) | 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.