32.1 AGGRAVATED ANIMAL CRUELTY

To prove the crime of Aggravated Animal Cruelty, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) [intentionally committed an act to an animal] [or] [owned or had custody or control of an animal and failed to act].

2. (Defendant’s) [act] [or] [failure to act] resulted in [excessive or repeated infliction of unnecessary pain or suffering to the animal] [or] [the animal’s cruel death].

Give if applicable. Enhancement. § 828.12(2)(a), Fla. Stat.

If you find (defendant) guilty of Aggravated Animal Cruelty, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] knowingly and intentionally tortured or tormented an animal, and in so doing, [injured] [mutilated] [killed] the animal.

Give if applicable. Scoresheet multiplier in § 921.0024, Fla. Stat., if Aggravated Animal Cruelty is the primary offense.

If you find (defendant) guilty of Aggravated Animal Cruelty, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] knowingly and intentionally tortured or tormented an animal, and in so doing, [injured] [mutilated] [killed] the animal. For purposes of this finding only, the animal cannot be either an animal used for agricultural purposes or captive wildlife for which someone was allowed to possess pursuant to a permit issued by the Florida Fish and Wildlife Conservation Commission.