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.