21.5 GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CRIME

To prove the crime of Giving False Information Concerning the Commission of a Crime, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) knowingly gave information about the alleged commission of a crime.

2. (Defendant) knew the information was false.

3. (Defendant) gave the false information to (name of law enforcement officer).

4. (Name of law enforcement officer) was a law enforcement officer.

5. (Defendant) knew that (name of law enforcement officer) was a law enforcement officer.

Unless the false information concerns a capital offense (see Instruction 21.6), this crime is a misdemeanor of the first degree. However, if the defendant was previously convicted of this crime and if certain conditions were met, the crime becomes a third degree felony. See § 837.05(1)(b), Fla. Stat.

If the State has alleged the third degree felony, do not read the allegation of a prior conviction and do not send the charging document into the jury room. If the defendant is found guilty of Giving False Information Concerning the Commission of a Crime, the historical fact of a prior conviction shall be determined in a bifurcated proceeding. State v. Harbaugh, 754 So. 2d 691 (Fla. 2000).

Give if applicable.

You have found (defendant) guilty of Giving False Information Concerning the Commission of a Crime. You must now determine whether the State has proven beyond a reasonable doubt the following two elements:

1. (Defendant) was previously convicted of Giving False Information Concerning the Commission of a Crime in violation of Florida Statute 837.05(1).

Give 2a and/or 2b as applicable.

2. a. The information (defendant) gave to (name of law enforcement officer) was communicated orally and (name of law enforcement officer’s) account of that information was corroborated by [an audio recording or audio recording in a video of that information] [a written or recorded statement made by (defendant)] [another person who was present and who heard (defendant) give the information to (name of law enforcement officer)].

b. The information (defendant) gave to (name of law enforcement officer) was communicated in writing.