33.3 NEGLECT OF [AN ELDERLY PERSON] [A DISABLED ADULT]
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
- 33.3
- Statute
- § 825.102(3), 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 Neglect of [An Elderly Person] [A Disabled Adult], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was a caregiver for (victim).
2. (Victim) was [an elderly person] [a disabled adult].
3. (Defendant)
Give as applicable.
a. [willfully] [or] [by culpable negligence] failed or omitted to provide (victim) with the care, supervision, and services necessary to maintain (victim’s) physical or mental health.
b. failed to make a reasonable effort to protect (victim) from [abuse] [neglect] [or] [exploitation] by another person.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if the § 825.102(3)(b), Fla. Stat., is charged.
If you find the defendant guilty of Neglect of [An Elderly Person] [A Disabled Adult], you must then determine whether the State proved beyond a reasonable doubt that the defendant’s failure or omission caused [great bodily harm] [permanent disability] [or] [permanent disfigurement] to (victim).
Lesser-included offenses
As the instruction lists them, word for word.
NEGLECT OF [AN ELDERLY PERSON] [A DISABLED ADULT] CAUSING [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] — 825.102(3)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Neglect of [An Elderly Person] [A Disabled Adult] Without Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement | 825.102(3)(c) | 29.22 | |
| Culpable Negligence Inflicting Actual Personal Injury, if culpable negligence is charged | 784.05(2) | 8.9 | |
| Culpable Negligence Exposing Another Person to Personal Injury, if culpable negligence is charged | 784.05(1) | 8.9 |
Related practice page
Elder and Disabled-Adult Abuse and Neglect 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.