31.3 NONCITIZEN VOTING
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
- 31.3
- Statute
- § 104.155, 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 Noncitizen Voting, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) willfully voted in an election] [(the specific election alleged)].
2. (Defendant) was not qualified to vote in the election because [he] [she] was not a citizen of the United States.
Lesser-included offenses
As the instruction lists them, word for word.
NONCITIZEN VOTING — 104.155
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Election and Voter Fraud Charges 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.