8.32 HARASSMENT OR INTIMIDATION BASED ON RELIGIOUS OR ETHNIC HERITAGE [WITH A CREDIBLE THREAT]
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
- 8.32
- Statute
- § 784.0493, 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 Harassment or Intimidation Based on Religious or Ethnic Heritage [With a Credible Threat], the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) willfully and maliciously harassed or intimidated (victim).
2. The intimidation or harassment was based on (victim’s) wearing or displaying any indicia relating to any religious or ethnic heritage.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable.
If you find (defendant) guilty of Harassment or Intimidation Based on Religious or Ethnic Heritage, you must further determine whether the State proved beyond a reasonable doubt that in the course of committing the crime, [he] [she] made a credible threat to (victim).
Lesser-included offenses
As the instruction lists them, word for word.
HARASSMENT OR INTIMIDATION BASED ON RELIGIOUS OR ETHNIC HERITAGE WITH A CREDIBLE THREAT — 784.0493(4)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Harassment or intimidation based on religious/ethnic heritage (no credible threat) | 784.0493(2) | 8.32 | |
| Aggravated Stalking | 784.048(3) | 8.7(a) | |
| Stalking | 784.048(2) | 8.6 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Hate Crime and Religious or Ethnic Intimidation 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.