5.2 CRIMINAL SOLICITATION

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
5.2
Statute
§ 777.04(2), 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 Criminal Solicitation, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) solicited (person alleged) to commit (offense solicited).

2. During the solicitation, (defendant)

[commanded]

[encouraged]

[hired]

[requested]

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] persuaded (person solicited) not to commit the (offense solicited), or otherwise prevented commission of the (offense solicited), under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose, you should find [him] [her] not guilty of (crime solicited).

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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