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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Reckless [driving] [operation of a vessel]* | 316.192 or 327.33 | 28.5 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.