9.6 HUMAN SMUGGLING
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
- 9.6
- Statute
- § 787.07, 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 Human Smuggling, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) knowingly and willfully transported (alien) into Florida.
2. At the time, (defendant) knew or reasonably should have known:
a. (alien) entered the United States in violation of law;
and
b. (alien) had not been inspected by the Federal Government since [his] [her] unlawful entry from another country.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
If you find the defendant guilty of Human Smuggling, you must also determine whether the State proved beyond a reasonable doubt that (alien) was less than 18 years of age at the time of the Human Smuggling.
A person commits a separate offense of Human Smuggling for each individual transported in violation of elements 1. and 2. above. If you find the defendant guilty of Human Smuggling, you must also determine whether the State proved beyond a reasonable doubt that [he] [she] committed five or more separate offenses of Human Smuggling during a single episode.
§ 787.07(5), Fla. Stat.*
Now that you have found the defendant guilty of Human Smuggling, you must also determine whether the State proved beyond a reasonable doubt that the defendant was previously convicted of Human Smuggling.
Lesser-included offenses
As the instruction lists them, word for word.
Human SMuggling — 787.07
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04 | 5.1 |
Related practice page
Human Trafficking 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.