8.22(a) THREAT TO [KILL] [DO SERIOUS BODILY HARM TO] A [PUBLIC OFFICIAL] [FAMILY MEMBER OF A PUBLIC OFFICIAL]

To prove the crime of Threat to [Kill] [Do Serious Bodily Harm to] a [Public Official] [Family Member of a Public Official], the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) knowingly and willfully threatened to [kill] [do serious bodily harm to] (person receiving threat).

2. At the time, (person receiving threat) was a[n] [family member of a[n]] [law enforcement officer] [state attorney] [assistant state attorney] [firefighter] [judge] [justice] [judicial assistant] [a clerk of court or clerk personnel] [elected official] [general magistrate] [special magistrate] [child support enforcement hearing officer] [administrative assistant].

3. At the time, (defendant) knew (person receiving threat) was a[n] [family member of a[n]] [law enforcement officer] [state attorney] [assistant state attorney] [firefighter] [judge] [justice] [judicial assistant] [a clerk of court or clerk personnel] [elected official] [general magistrate] [special magistrate] [child support enforcement hearing officer] [administrative assistant].

§ 836.12, Fla. Stat. The section below can be used if a prior violation is not treated as a recidivist fact that can be proven to a judge at sentencing. If the prior violation is an element of the felony crime, it is error to inform the jury of the prior violation until the verdict on the underlying crime is rendered. Therefore, if the information or indictment contains an allegation of a prior violation, that allegation must not be read to the jury before the verdict and the information or indictment must not be given to the jurors before the verdict. If the defendant is found guilty, the historical fact of a prior violation shall be determined separately by the jury in a bifurcated proceeding. See State v. Harbaugh, 754 So. 2d 691 (Fla. 2000).

Now that you have found the defendant guilty of Threat to [Kill] [Do Serious Bodily Harm to] a [Public Official] [Family Member of a Public Official], you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted of the same crime.