Proposed ‘aggravated stalking’ jury instructions

first_img October 15, 2005 Regular News The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to the Florida Supreme Court an amended proposed revised Instruction 8.7(a) — Aggravated Stalking to replace the revised instruction originally proposed in Report No. 2005-1. The original proposed revision was previously published for comment, along with other proposals contained in that report. The court invites all interested persons to comment on the committee’s amended proposal, which is reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before November 15, with a certificate of service verifying that a copy has been served on the committee chair, Judge Dedee S. Costello, Bay County Courthouse, P.O. Box 1089, Panama City 32402-1089, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (NO. 2005-1), CASE NO. SC05-803 Proposal #4(b) 8.7(a) AGGRAVATED STALKING § 784.048(3), Fla.Stat. To prove the crime of Aggravated Stalking, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) willfully, maliciously, and repeatedly [ followed ] or [ harassed ] [or] [cyberstalked ] (victim) . 2. (Defendant) made a credible threat with the intent to place (victim) in reasonable fear of death or bodily injury to [himself] [herself] [( name of the subject of threat )]. Give if applicable. (Name of subject of threat) was (victim)’s [child] [sibling][spouse] [parent] [dependent]. Definitions. “Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. “ Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. “Credible threat” means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person. Lesser Included Offenses Proposed ‘aggravated stalking’ jury instructions Comment This instruction was approved in 1995. It was amended in 2005 to incorporate cyberstalking. AGGRAVATED STALKING — 784.048(3) CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Improper exhibition of dangerous weapon790.1010.5 Stalking784.048(2)8.56 Assault784.0118.1 Proposed ‘aggravated stalking’ jury instructions Attempt777.04(1)5.1last_img

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