7.9 [VEHICULAR] [VESSEL] HOMICIDE

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
7.9
Statute
§ 782.071 or § 782.072, 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 [Vehicular] [Vessel] Homicide, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) operated a [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person.

2. [His] [Her] reckless operation of a [motor vehicle] [vessel] caused the death of [(victim)] [an unborn child by injury to the mother].

Further findings

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

Give if applicable.

If you find the defendant guilty of [Vehicular] [Vessel] Homicide, you must then determine whether the State has further proved beyond a reasonable doubt that:

1. At the time of the accident, (defendant) knew, or should have known, that the accident occurred; and

2. (Defendant) failed to give information and render aid as required by law. (Read applicable portion of § 316.062, Fla. Stat., or § 327.30, Fla. Stat.)

Lesser-included offenses

As the instruction lists them, word for word.

[VEHICULAR] [VESSEL] HOMICIDE — 782.071 or 782.072

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Reckless [driving] [operation of a vessel]*316.192 or 327.3328.5 or 28.19
Culpable negligence *784.05(2)8.9
Culpable negligence*784.05(1)8.9

Related practice page

Boating Under the Influence (BUI) Defense in Miami · DUI Manslaughter and DUI With Serious Bodily Injury Defense in Miami · Murder and Homicide 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.

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