32.1 AGGRAVATED ANIMAL CRUELTY
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
- 32.1
- Statute
- § 828.12(2), 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 Animal Cruelty, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) [intentionally committed an act to an animal] [or] [owned or had custody or control of an animal and failed to act].
2. (Defendant’s) [act] [or] [failure to act] resulted in [excessive or repeated infliction of unnecessary pain or suffering to the animal] [or] [the animal’s cruel death].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable. Enhancement. § 828.12(2)(a), Fla. Stat.
If you find (defendant) guilty of Aggravated Animal Cruelty, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] knowingly and intentionally tortured or tormented an animal, and in so doing, [injured] [mutilated] [killed] the animal.
Give if applicable. Scoresheet multiplier in § 921.0024, Fla. Stat., if Aggravated Animal Cruelty is the primary offense.
If you find (defendant) guilty of Aggravated Animal Cruelty, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] knowingly and intentionally tortured or tormented an animal, and in so doing, [injured] [mutilated] [killed] the animal. For purposes of this finding only, the animal cannot be either an animal used for agricultural purposes or captive wildlife for which someone was allowed to possess pursuant to a permit issued by the Florida Fish and Wildlife Conservation Commission.
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED ANIMAL CRUELTY — 828.12(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Animal Cruelty | 828.12(1) | 29.13(a) | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Animal Cruelty and Neglect Defense 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.