33.5 EXPLOITATION OF A PERSON 65 YEARS OF AGE OR OLDER
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
- 33.5
- Statute
- § 817.5695, 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 Exploitation of a Person 65 Years of Age or Older, the State must prove the following three elements beyond a reasonable doubt:
Give if § 817.5695(2)(a), Fla. Stat. is charged.
1. (Defendant) [obtained or used] [endeavored to obtain or use] [conspired with another to obtain or use] the property of (victim) through deception or intimidation.
Give 2a or 2b or both.
2. (Defendant) did so with the intent to temporarily or permanently
a. deprive (victim) of the use, benefit, or possession of [his] [her] property
or
b. benefit someone other than (victim).
3. (Defendant) did so when (victim) was 65 years of age or older.
Give if § 817.5695(2)(b), Fla. Stat. is charged.
1. (Defendant) [obtained or used] [endeavored to obtain or use] [conspired with another to obtain or use] the property of (victim) through deception or intimidation.
2. (Defendant) did so through an intentional modification, alteration, or fraudulent creation of a plan of distribution or disbursement expressed in a will, trust instrument, or other testamentary devise.
3. (Defendant) did so when (victim) was 65 years of age or older.
Give if § 817.5695(2)(c), Fla. Stat. is charged.
1. (Defendant) [deprived] [endeavored to deprive] [conspired with another to deprive] (victim) of [his] [her] intangible right to honest services provided by someone who had a legal or fiduciary relationship with (victim).
2. (Defendant) [and the co-conspirator[s]] did so with the intent to defraud (victim) and by means of bribery or kickbacks.
3. (Defendant) did so when (victim) was 65 years of age or older.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give as applicable. § 817.5695(3), Fla. Stat.
If you find (Defendant) guilty of Exploitation of a Person 65 years of Age or Older, you must then determine whether the State proved beyond a reasonable doubt that at the time of the exploitation:
a. the [funds] [assets] [property] were valued at $50,000 or more.
b. the [funds] [assets] [property] were valued at $10,000 or more, but less than $50,000.
c. the [funds] [assets] [property] were valued at less than $10,000.
Lesser-included offenses
As the instruction lists them, word for word.
EXPLOITATION OF A PERSON 65 YEARS OF AGE OR OLDER — 825.5695
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Theft* | 812.014 | 14.1 | |
| Exploitation of an Elderly Person | 825.103 | 14.9 |
Related practice page
Elder Financial Exploitation 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.