8.34 NON-CONSENSUAL [INSTALLATION] [USE] OF A TRACKING [DEVICE] [APPLICATION]
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
- 8.34
- Statute
- § 934.425(2) and (5), 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 Non-Consensual [Installation] [Use] of a Tracking [Device] [Application], the State must prove the following two elements beyond a reasonable doubt:
Give 1a or 1b or both as applicable.
1. (Defendant) knowingly
a. installed or placed a tracking [device] [application] on (victim’s) property.
b. used a tracking [device] [application] to determine the location or movement of (victim’s) [person] [or] [property].
2. (Defendant) did so without (victim’s) consent.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Inference. Give if applicable.
You may infer (victim’s) consent was revoked if:
(Victim) and (defendant) were lawfully married but a petition for dissolution of marriage was filed.
§ 934.425(5), Fla. Stat. Give if applicable.
If you find (defendant) guilty of Non-Consensual [Installation] [Use] of a Tracking [Device] [Application], you must further determine whether the State proved beyond a reasonable doubt that [he] [she] committed the crime to commit or to facilitate the commission of a[n] (insert the name(s) of the dangerous crime(s) listed in § 907.041(5)(a), Fla. Stat.)
Lesser-included offenses
As the instruction lists them, word for word.
NON-CONSENSUAL [INSTALLATION] [USE] OF A TRACKING [DEVICE] [APPLICATION] — 934.425(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Stalking and Cyberstalking 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.