8.24 VIOLATION OF AN INJUNCTION FOR PROTECTION AGAINST [STALKING] [CYBERSTALKING]

To prove the crime of Violation of an Injunction for Protection Against [Stalking] [Cyberstalking], the State must prove the following two elements beyond a reasonable doubt:

1. An injunction for protection against [stalking] [cyberstalking] was issued by a court against (defendant) for the benefit of (victim).

2. (Defendant) willfully violated the injunction by:

Give as alleged.*

a. going to, or being within 500 feet of, (victim’s) residence, school, place of employment, or a specified place frequented regularly by (victim) and any named family members or individuals closely associated with (victim).

b. committing an act of stalking against (victim).

c. committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to (victim).

d. telephoning, contacting, or otherwise communicating with (victim), directly or indirectly, unless the injunction specifically allows indirect contact through a third party.

e. knowingly and intentionally coming within 100 feet of (victim’s) motor vehicle, whether or not that vehicle is occupied.

f. destroying (victim’s) personal property, including (victim’s) motor vehicle.

g. refusing to surrender firearms or ammunition if ordered to do so by the court.

If the allegation involves the defendant committing an act of stalking against victim, give the elements of stalking from Instruction 8.6.

Give if applicable if the jury finds the defendant guilty of Violation of Domestic Violence Injunction. § 784.0487(4)(b), Fla. Stat.

Now that you have found the defendant guilty of Violation of an Injunction for Protection Against [Stalking] [Cyberstalking], you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted two times or more of Violation of an Injunction against the same person.