5.1 ATTEMPT TO COMMIT CRIME

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
5.1
Statute
§ 777.04(1), 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 (defendant) attempted to commit the crime of (name of crime attempted), the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) intended to commit the crime of (name of crime attempted).

2. (Defendant) committed an overt act toward the commission of (name of crime attempted) that went beyond mere preparation.

3. (Defendant) failed to complete the (name of crime attempted).

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

If you find that the defendant proved by a preponderance of the evidence that [he] [she] abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose, you should find [him] [her] not guilty of Attempted (name of crime attempted).

Lesser-included offenses

As the instruction lists them, word for word.

No lesser included offenses have been identified for this offense.

Related practice page

Murder for Hire and Solicitation to Commit Murder 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.

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