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.