7.3(a) UNLAWFUL DISTRIBUTION OF (NAME(S) OF ENUMERATED CONTROLLED SUBSTANCE(S)) BY A PERSON 18 YEARS OF AGE OR OLDER CAUSING DEATH

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
7.3(a)
Statute
§ 782.04(1)(a)3., 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 Unlawful Distribution of (name(s) of enumerated controlled substance(s)) by a Person 18 Years of Age or Older Causing Death, the State must prove the following six elements beyond a reasonable doubt:

1. (Defendant) knowingly distributed a substance.

2. The substance was [(name of enumerated controlled substance(s))] [or] [a mixture containing (name(s) of enumerated controlled substance(s))].

3. The distribution was unlawful.

4. At the time of the distribution, (defendant) was 18 years of age or older.

5. (Victim) is dead.

6. The [(name(s) of enumerated controlled substance(s))] [or] [mixture containing (name(s) of enumerated controlled substance(s))] that (defendant) distributed caused or was a substantial factor in producing the death of (victim).

Lesser-included offenses

As the instruction lists them, word for word.

UNLAWFUL DISTRIBUTION OF (NAME(S) of ENUMERATED CONTROLLED SUBSTANCE(S)) by a person 18 years of age or older causing death— 782.04(1)(a)3.

CATEGORY ONECATEGORY TWOFLA. STAT.INS.NO.
Manslaughter782.077.7
Second degree (depraved mind) murder782.04(2)7.4
Non-homicide lesser**
Delivery of a Controlled Substance**893.13(1)25.2

Related practice page

Fentanyl Charges in Miami · Heroin 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.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp