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 ONECATEGORY TWOFLA. STAT.INS. NO.
Theft*812.01414.1
Exploitation of an Elderly Person825.10314.9

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.

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