Glastonbury To Honor Prince And David Bowie With Stage Fixtures, Special Performances, And More

first_imgThe tributes to lost legends Prince and David Bowie will never end. Like their music, their legacies will last forever through whatever dedicated glitter is thrown in their honor. Even the Glastonbury Festival of Contemporary Performing Arts is planning ahead with something special.According to BBC, this year’s Glastonbury will hang a massive metal lightning bolt on the Pyramid State in honor of David Bowie’s Aladdin Sane album cover. There will also be footage from Bowie’s 2000 appearance on that very stage playing across the entire festival. Additionally, a special tribute to Bowie’s 1977 album Heroes will take place on the Park Stage.Watch Bowie’s full Glastonbury performance from 2000 below:In honor of Prince, there will be “an incredible light show which will go on for the whole show and beyond, into the night,” says Glastonbury co-founder Emily Eavis. “There’s talk of late-night Prince parties and things,” she adds. Though he’s never played the England festival before, his presence in music will undoubtedly be known. With over a month to plan, we’re confident festival organizers will pull these tributes off in style. It can also be expected that many of the performing artists and entertainers will also work tributes into their own sets as well.Known for being one of the largest festivals in the world, Glastonbury is going down June 22-26 in Pilton, England. Festivalgoers will get to see headlining performances from Muse, Adele, Coldplay, Foals, Jeff Lynne’s ELO, Beck, LCD Soundsystem, PJ Harvey, ZZ Top, Disclosure, New Order, Earth Wind & Fire, The Last Shadow Puppets, Ellie Goulding, Skepta, The 1975, Grimes and plenty more. [H/T CoS]last_img read more

Cold atoms and nanotubes come together in an atomic ‘black hole’

first_imgCarbon nanotubes, long touted for applications in materials and electronics, may also be the stuff of atomic-scale black holes.Physicists at Harvard University have found that a high-voltage nanotube can cause cold atoms to spiral inward under dramatic acceleration before disintegrating violently. Their experiments, the first to demonstrate something akin to a black hole at atomic scale, are described in the current issue of the journal Physical Review Letters.“On a scale of nanometers, we create an inexorable and destructive pull similar to what black holes exert on matter at cosmic scales,” says Lene Vestergaard Hau, Mallinckrodt Professor of Physics and of Applied Physics at Harvard. “As importantly for scientists, this is the first merging of cold-atom and nanoscale science, and it opens the door to a new generation of cold atom experiments and nanoscale devices.”Hau and co-authors Anne Goodsell, Trygve Ristroph, and Jene A. Golovchenko laser-cooled clouds of one million rubidium atoms to just a fraction of a degree above absolute zero. The physicists then launched this millimeter-long atomic cloud towards a suspended carbon nanotube, located some two centimeters away and charged to hundreds of volts.The vast majority of the atoms passed right by the wire, but those that came within a micron of it — roughly 10 atoms in every million-atom cloud — were inescapably attracted, reaching high speeds as they spiraled toward the nanotube.“From a start at about 5 meters per second, the cold atoms reach speeds of roughly 1,200 meters per second, or more than 2,700 miles per hour, as they circle the nanotube,” says Goodsell, a graduate student on the project and now a postdoctoral researcher in physics at Harvard. “As part of this tremendous acceleration, the temperature corresponding to the atoms’ kinetic energy increases from 0.1 degrees Kelvin to thousands of degrees Kelvin in less than a microsecond.”At this point, the speeding atoms separate into an electron and an ion rotating in parallel around the nanowire, completing each orbit in just a few trillionths of a second. The electron eventually gets sucked into the nanotube via quantum tunneling, causing its companion ion to shoot away — repelled by the strong charge of the 300-volt nanotube — at a speed of roughly 26 kilometers per second, or 59,000 miles per hour.The entire experiment was conducted with great precision, allowing the scientists unprecedented access to both cold-atom and nanoscale processes.“Cold-atom and nanoscale science have each provided exciting new systems for study and applications,” says Golovchenko, Rumford Professor of Physics and Gordon McKay Professor of Applied Physics at Harvard. “This is the first experimental realization of a combined cold atom-nanostructure system. Our system demonstrates sensitive probing of atom, electron, and ion dynamics at the nanoscale.”The single-walled carbon nanotube used in these researchers’ successful experiment was dubbed “Lucy,” and its contributions are acknowledged in the Physical Review Letters paper. The nanotube was grown by chemical vapor deposition across a 10-micron gap in a silicon chip that provides the nanowire with both mechanical support and electrical contact.“From the atom’s point of view, the nanotube is infinitely long and thin, creating a singular effect on the atom,” Hau says.Harvard’s Office of Technology Development has filed a patent application on the technology underlying the new work by Hau and Golovchenko.This work was supported by the Air Force Office of Scientific Research and the National Science Foundation.last_img read more

Tunnel connecting Le Mans Hall and Cushwa-Leighton library to open within three months

first_imgAs part of the recently launched multi-year facilities update, for which Saint Mary’s received approval to issue a bond of $51.5 million, the tunnel system between Le Mans Hall and Cushwa-Leighton Library will be reopened for student use. Though the official reopening date is pending, plans to renovate the tunnels have been in place since the beginning of last semester.In an interview with The Observer, vice president for strategy and finance Dana Strait said reopening the tunnels would ensure that the newly installed 24-hour spaces in the library are used by students, even during the colder winter months. Maeve Filbin The tunnel between Le Mans Hall and the Cushwa-Leighton Library is currently closed to students. As part of a larger facilities update, the tunnel will be renovated and opened to student traffic.“We also have to ensure that they’re accessible, so that students who are in wheelchairs or who need a little bit more physical assistance … [are able] to get through,” Strait said. “So, part of opening that tunnel this fall will involve installing accessibility ramps so that they can really be used by all students.”In a January email to students, library director Joe Thomas said the renovation work would be completed within the next three months.The tunnel system was initially created to connect the buildings on campus to the central utility plant, Strait said in an email, and is currently owned by the Sisters of the Holy Cross.“In this case, the Sisters were so generous as to approve reopening the tunnel for student use as part of the overall library renovation,” she said.At one time, the tunnels connected the Convent, Holy Cross Hall, Moreau Center for the Arts, Regina Hall, Le Mans Hall, Haggar College Center and the library, Adaline Cashore, director of donor relations, said. Cashore, who graduated from Saint Mary’s in 1970, remembers traversing these underground passageways.“They were warm and dry in the winter,” Cashore said in an email. “They were relatively well-lit and wide, but the head room was low. You could reach out above and to the side and touch the pipes. So, it’s understandable why the Sisters decided to close them to pedestrians.”The tunnel connecting Le Mans Hall to Haggar and the library was built in 1982, when Cushwa-Leighton was first constructed and Haggar — which served as a library up until that point — was renovated, Cashore said.“It has a completely different feel from the older network,” she said.Since the tunnel’s original opening, it fell into disrepair over the years, and was eventually closed to the public due to dangerous conditions. However, Strait said the new renovations will make the tunnels safe and accessible for all students.“The College is in the process of making the necessary investments to ensure that it [is in] compliance with ADA requirements and recommendations, so it is available to all students, including those with accessibility needs,” Strait said. “The College will also take care of improving the aesthetic condition of the space, incorporating fresh paint and a thorough cleaning.”The work will be finished within the next few months, and the tunnels will be opened for student use before the end of this academic year, Strait said.“We are hoping that April gives us at least one good snow so that students can appreciate the warmth provided by this newly-opened tunnel before the academic year is done,” she said.Tags: Bond, Cushwa-Leighton Library, Le Mans Hall, renovations, tunnelslast_img read more

David Patrick Kelly & More Set for Off-Broadway’s Everybody

first_img Everybody Related Shows The cast is now set for the world premiere of Branden Jacobs-Jenkins’ Everybody. The MacArthur “Genius” Grant recipient’s new play will feature Obie Award winners David Patrick Kelly (Thérèse Raquin), Marylouise Burke (Fish in the Dark) and Brooke Bloom (Cloud Nine). Performances will begin at the Pershing Square Signature Center’s Irene Diamond Stage on January 31; the Lila Neugebauer-helmed production is scheduled to run through March 12. Tickets are now on sale.The cast will also feature Jocelyn Bioh (The Curious Incident of the Dog in the Night-Time), Michael Braun (The Crucible), Louis Cancelmi (Blasted), Lilyana Tiare Cornell (Les Misérables), Lakisha Michelle May (Boardwalk Empire) and Chris Perfetti (Cloud Nine).Jacobs-Jenkins’ second play in his Signature Theatre residency is a modern riff on the 15th Century morality play Everyman. In the play, Everybody—a character that is assigned via cast lottery at each performance—travels down a road toward life’s greatest mystery.Opening night is set for February 21. The creative team includes scenic designer Laura Jellinek, costume designer Gabriel Berry, lighting designer Matt Frey and sound designer Brandon Wolcott. David Patrick Kelly(Photo: Bruce Glikas)center_img Show Closed This production ended its run on March 19, 2017 View Commentslast_img read more

‘Gardening’ Wonder.

first_img Walter Reeves UGA CAES File Photo On this week’s “Gardening in Georgia,” host Walter Reeves visits with Karen Tolbert, research assistant at the Savannah Bamboo Farm and Coastal Gardens. Tolbert takes Reeves through their demonstration Xeriscape landscape.The program airs on Wednesday, Oct. 3, at 7:30 p.m. on Georgia Public Television. It will be rebroadcast at noon on Saturday, Oct. 6.The beautiful Coastal Gardens landscape area demonstrates all seven xeriscaping principles: Pacific Northwest in Georgia?In another segment, co-host Tara Dillard wonders why Janet Ivarie’s pine islands look like Pacific Northwest beds. She finds that Ivarie moved here from Oregon five years ago and recreated the Pacific Northwest look.Ivarie created her islands by first amending the soil, which raised it a few inches and made it look more like a bed. Curves around her pine islands are generous and smooth, without wiggles.She began her installation, too, by planting trees and evergreens. She put in the perennials and groundcovers later. Shades of green contrast with jolts of chartreuse foliage as highlights.Cinder-block PlantersFinally, Helen Phillips of Callaway Gardens shows Reeves how to make attractive planters out of cinder blocks. Phillips uses a mixture of mortar mix, peat moss and sand, which she thoroughly mixes together before adding water. (Be sure to wear rubber gloves and perhaps a dust mask when working with this mixture.)She trowels the thick goop onto stacked cinderblocks to make their normal corners more rounded. Finally, she uses plants such as sedum, geranium, purslane and ice plant, which can stand a bit of dryness between waterings. Once they’re planted, you can’t identify the humble origins of the container.Wednesdays, Saturdays on GPTV”Gardening in Georgia” airs each Wednesday at 7:30 p.m. It’s rebroadcast every Saturday at noon. The show’s “Web site provides further information.The show is produced especially for Georgia gardeners by the UGA College of Agricultural and Environmental Sciences and GPTV. Planning and design.Soil analysis.Appropriate plant selection.Practical turf areas.Efficient irrigation.Use of mulches.Appropriate maintenance.last_img read more

Amendments to standard jury instructions for criminal cases

first_img AGGRAVATED BATTERY ON PREGNANT WOMAN – 784.045(1)(b) December 1, 2005 Notices Attempt777.04(1) 5.1 The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended and new instructions to the Florida Standard Jury Instructions in Criminal Cases and invites all persons to comment to the Committee on the proposals. The Committee proposes revised or new instructions for:(New) Instruction 6.3 – Attempted Felony MurderInstruction 7.7 – ManslaughterInstruction 7.8 – DUI ManslaughterInstruction 7.9 – Vehicular Homicide(New) Instruction 8.4(a) – Aggravated Battery on a Pregnant WomanInstruction 8.10 – Assault on Law Enforcement Officer, Firefighter, etc.Instruction 8.11 – Battery on Law Enforcement Officer, Firefighter, etc.Instruction 8.12 – Aggravated Assault on Law Enforcement Officer, Firefighter, etc.Instruction 8.13 – Aggravated Battery on Law Enforcement Officer, Firefighter, etc.Instruction 8.14 – Aggravated Battery on Person 65 Years of Age or OlderInstruction 13.1 – Burglary(New) Instruction 20.13 – Fraudulent Use or Possession of Personal Identification Information(New) Instruction 20.14 – Harassment by Use of Personal Identification Information(New) Instruction 20.15 – Fraudulent Use of Personal Identification Information of a Minor(New) Instruction 20.16 – Fraudulent Use of Personal Identification Information of a Minor by a Parent or Guardian(New) Instruction 20.17 – Fraudulent Use or Possession of Personal Identification Information Concerning a Deceased Individual(New) Instruction 20.18 – Fraudulent Creation, Use or Possession of Counterfeit Personal Identification InformationThe Committee invites all interested persons to comment on the proposals, which are reproduced in full below. After reviewing the comments received in response to this publication, the Committee will make final recommendations to the Florida Supreme Court. Comments must be received by the Committee in both hard copy and electronic format on or before January 20, 2006. Please mail your comments to The Honorable Dedee S. Costello, Chair of the Standard Jury Instructions Committee in Criminal Cases, c/o Mr. Les Garringer, Office of the General Counsel, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee, Florida 32399-1900. The electronic copy must be e-filed to CrimJuryInst@flcourts.org, as a Word document. Please entitle the Subject – SJIC Comments 12-01-05. 6.3 ATTEMPTED FELONY MURDER – FIRST DEGREE [ENUMERATED FELONY] [NON-ENUMERATED FELONY] §§ 782.04(1)(a) and 777.04 § 782.051(1) and (2), Fla. Stat. The instructions on attempted first and third degree felony murder have been deleted. See State v. Gray, 654 So.2d 552 (Fla. 1995). Before you can find the defendant guilty of Attempted Felony Murder, the State must prove the following three elements beyond a reasonable doubt: 1. ( Defendant) [committed] [attempted to commit] a (crime alleged). 2 . While engaged in the [commission] [attempted commission] [escape from the immediate scene] of (crime alleged ), the defendant [committed] [aided or abetted] an intentional act that is not an essential element of (crime alleged ). 3. This intentional act could have but did not cause the death of (victim) . (Crime alleged) is defined by Florida law as (define the crime) . In order to convict the defendant of Attempted Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment Section 782.051(1), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony enumerated in section 782.04(3). Section 782.051(2), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony not enumerated in section 782.04(3), Fla. Stat. This instruction was adopted in 2005. Comment This instruction was adopted in 2005. 20.17 FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION CONCERNING A DECEASED INDIVIDUAL § 817.568(8), Fla. Stat . To prove the crime of Fraudulent [Use] [Possession] Of Personal Identification Information Concerning A Deceased Individual, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) willfully and without authorization [fraudulently used] [possessed with intent to fraudulently use] personal identification information concerning (victim) . 2. (Victim) was deceased. Definitions “Willfully” means intentionally and purposely. “Fraudulently” means purposely or intentionally suppressing the truth or perpetrating a deception. “Authorization” means empowerment, permission, or competence to act. “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, postal or electronic mail address, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, unique electronic identification number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person’s financial resources. Enhanced penalty. Give if applicable and Fraudulent Use is charged. See § 817.568 (5) and (10), Fla. Stat., which if alleged will require an interrogatory. If you find the defendant guilty of Fraudulent Use Of Personal Identification Information Of A Deceased Individual, you must then determine whether the State has further proved beyond a reasonable doubt that: The pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $100,000 or more. The pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $5000 or more. The pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $50,000 or more. The defendant fraudulently used the personal identification information of 10 or more but fewer than 20 individuals without their consent. The defendant fraudulently used the personal identification information of 20 or more but fewer than 30 individuals without their consent. The defendant fraudulently used the personal identification information of 30 or more individuals without their consent. Lesser Included Offenses Battery on enforcement officer 784.07(2)(b) 8.911 DUI MANSLAUGHTER – 316.193(3)(c)3 Comment Culpable negligence is a Category Two lesser included offense of both vehicular and vessel homicide.This instruction was adopted in 1981 and amended in 1989 and 2005. 8.4(a) AGGRAVATED BATTERY ON PREGNANT WOMAN § 784.045, Fla. Stat. To prove the crime of Aggravated Battery On A Pregnant Woman, the State must prove the following three elements beyond a reasonable doubt. The first element is a definition of battery. 1. (Defendant) [intentionally touched or struck (victim) against her will] [intentionally caused bodily harm to (victim) ]. 2. (Victim) was pregnant at the time. 3. (Defendant) in committing the battery knew or should have known that (victim) was pregnant. Lesser Included Offenses Comment None CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. None BURGLARY WITH ASSAULT OR BATTERY OR WHILE ARMED OR WITH USE OF MOTOR VEHICLE OR PROPERTY DAMAGE — 810.02(2) Felony battery784.0418.5 (Nonhomicide lesser) Attempt777.04(1)5.1 Comment Aggravated assault784.0218.2 Trespass810.08(2)(a)13.3 b. The personal identification information concerned a real individual whose consent had not first been obtained. Attempt777.04(1)5.1 Burglary810.02(4)13.1 Discharging firearms in public790.1510.6 Comment This instruction was adopted in 2005 . 7.7 MANSLAUGHTER 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. (Victim) is dead. Give 2a, 2b, or 2c depending upon allegations and proof. 2. a. (Defendant) intentionally caused the death of (victim) . b. (Defendant) intentionally procured the death of (victim). Culpable negligence784.05(2)8.9 DUI serious bodily injury 316.193(3)(c)228.3 Comment The lesser included offense of Felony Battery is only applicable if element 2a is charged and proved.This instruction was adopted in 1997 and amended in 2005. 13.1 BURGLARY § 810.02, Fla. Stat. Give these elements if the charge is unlawful entry: To prove the crime of Burglary, the State must prove the following three [two][three] elements beyond a reasonable doubt: 1. (Defendant) entered a [structure] [conveyance] owned by or in the possession of (person alleged). 2. (Defendant} did not have the permission or consent of (person alleged), or anyone authorized to act for him, to [enter] [remain in] the [structure] [conveyance] at the time. 3 . 2 . At the time of entering the [structure] [conveyance] , (defendant) had a fully-formed, conscious the intent to commit [an offense] [(the crime alleged) ] in that [structure] [conveyance]. Note: The offense intended cannot be trespass or burglary. Give element 3 only if defendant meets his or her burden of production that he or she had an invitation or license to enter, or that the premises were open to the public. See State v. Hicks, 421 So.2d 510 (Fla. 1982) and State v. Waters, 436 So.2d 66 (Fla. 1983). 3. [(Defendant) was not [licensed] [invited] to enter the [structure] [conveyance].] [The premises were not open to the public at the time of the entering.] Give if applicable. If the [license] [invitation] to enter was obtained by (defendant’s) trick or fraud or deceit, then the [license] [invitation] to enter was not valid. Give if applicable. If (defendant) entered premises that were open to the public, but then entered an area of the premises that [he] [she] knew was not open to the public, (defendant) committed a burglary if [he] [she] entered that non-public area with the intent to commit [an offense] [(the crime alleged)] in that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant) had the intent to commit a crime inside a [structure] [conveyance] if the [entering] [attempted entering] of the [structure] [conveyance] was done stealthily and without the consent of the owner or occupant. Give these elements if the charge is unlawfully remaining: To prove the charge crime of b B urglary, the s S tate must prove the following two elements beyond a reasonable doubt: 1. (Defendant) had permission or consent to enter a [structure] [conveyance] owned by or in the possession of (person alleged). 2. (Defendant) , after entering the [structure] [conveyance] , remained therein Give a, b, or c, as applicable a. surreptitiously and with the fully-formed conscious intent to commit the offense of (crime alleged) [ an offense] [(the crime alleged)] inside the [structure][conveyance].b. after permission to remain had been withdrawn and with the fully-formed conscious intent to commit the offense of (crime alleged) [an offense] [(the crime alleged)] inside the [structure][conveyance].c. with the fully-formed conscious intent to commit or attempt to commit the offense of [a forcible felony] [( the forcible felony alleged)]. Define the forcible felony. Note: The offense intended cannot be trespass or burglary. Give whichever bracketed language applies A person may be guilty of this offense [if he or she originally entered the premises at a time when they were open to the public, but remained there after he or she knew that the premises were closed to the public] [or] [if he or she entered into or remained in areas of the premises which he or she knew or should have known were not open to the public]. if he or she had the intent to commit the crime described in the charge. § 810.07 Fla. Stat. Proof of the entering of a [structure] [conveyance] stealthily and without the consent of the owner or occupant may justify a finding that the entering was with the intent to commit a crime if, from all the surrounding facts and circumstances, you are convinced beyond a reasonable doubt that the intent existed. The entry necessary need not be the whole body of the defendant. It is sufficient if the defendant extends any part of the body far enough into the [structure] [conveyance] to commit (crime alleged) [ an offense] [(the crime alleged)]. Proof of intent The intent with which an act is done is an operation of the mind and, therefore, is not always capable of direct and positive proof. It may be established by circumstantial evidence like any other fact in a case. Even though an unlawful [entering] [remaining in] a [structure] [conveyance] is proved, if the evidence does not establish that it was done with the intent to commit (crime alleged) [ an offense] [(the crime alleged)], the defendant must be found not guilty of burglary. Proof of possession of stolen property Proof of unexplained possession by an accused of property recently stolen by means of a burglary may justify a conviction of burglary with intent to steal that property if the circumstances of the burglary and of the possession of the stolen property, when considered in the light of all evidence in the case, convince you beyond a reasonable doubt that the defendant committed the burglary. Definitions: give as applicable § 810.011(1), Fla. Stat. “Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure. § 810.011(3), Fla. Stat. “Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance. Enhanced penalties, give as applicable The punishment provided by law for the crime of burglary is greater if the burglary was committed under certain aggravating circumstances. Therefore, if you find the defendant guilty of burglary, you must then consider whether the State has further proved those circumstances. With an assault or battery. If you find that in the course of committing the burglary If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, (defendant) the defendant made an assault [assaulted] [battered] upon any person . , you should find [him] [her] guilty of burglary during which an assault has been committed. An assault is an intentional and unlawful threat either by word or act to do violence to another at a time when the defendant appeared to have the ability to carry out the threat and [his] [her] act created a well-founded fear in the other person that the violence was about to take place. A battery is an actual and intentional touching or striking of another person against that person’s will or the intentional causing of bodily harm to another person. While armed. If you find that in the course of committing the burglary, the If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, (defendant) was armed or armed [himself] [herself] within the [structure] [conveyance] with [ explosives ] or [ a dangerous weapon ]. , you should find [him][her] guilty of burglary while armed. Definintions. Give if applicable. § 790.001(5), Fla. Stat. See exceptions § 790.001 (5)(a)-(d), Fla. Stat. “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators. If necessary see exceptions set out in § 791.01 and Chapter 552, Fla. Stat. Give if applicable. A “dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm. Structure is a dwelling. If you find that while the defendant made no assault and was unarmed, If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the structure [ entered ] [remained in] was a dwelling . , you should find [him][her] guilty of burglary of a dwelling . “Dwelling” means a building [or conveyance] of any kind, including any attached porch, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. Dwelling or structure with use of motor vehicle or damage. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, (defendant) entered a [dwelling] [structure] and 1. used a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damaged the [dwelling] [structure], or 2. caused damage to the [dwelling] [structure] [property within the [dwelling] [structure], in excess of $1,000. Human being in structure or conveyance. If you find that while the defendant made no assault and was unarmed, If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, there was a human being in the [structure] [conveyance], at the time [he][she] [entered] [remained in] the [structure] [conveyance] . you should find [him][her] guilty of burglary of a [structure] [conveyance] with a human being in the [structure] [conveyance]. In an area that is subject to a state of emergency. Note: The definition of structure, dwelling, and conveyance may be different during a state of emergency. See § 810.011, Fla. Stat.. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the burglary, the [structure] [conveyance] was within an area that the governor had declared was subject to a state of emergency under Chapter 252, the “State Emergency Management Act.” With no aggravating circumstances If you find that the defendant committed the burglary without any aggravating circumstances, you should find [him][her] guilty only of burglary. § 810.011(4) Fla. Stat. An act is committed “in the course of committing” if it occurs in the attempt to commit the offense or in flight after the attempt or commission. Section 790.001(5), Fla. Stat. “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators. If necessary see exceptions set out in Section 791.01 and Chapter 552, Fla. Stat. A “dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm. “Dwelling” means a building [or conveyance] of any kind, including any attached porch, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. Therefore, it you find the defendant guilty of burglary, it will be necessary for you to state in your verdict whether the defendant (insert aggravating circumstances charged). Lesser Included Offenses Vehicular homicide782.071 7.9 Assault784.0118.1 None However, the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide as I have previously explained those terms. Give only if 2(a) alleged and proved, and manslaughter is being defined as a lesser included offense of first degree premeditated murder In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death. Give only if 2b alleged and proved. To “procure” means to persuade, induce, prevail upon or cause a person to do something. Give only if 2c alleged and proved I will now define “culpable negligence” for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury. Give only if 2(a) alleged and proved, and manslaughter is being defined as a lesser included offense of first degree premeditated murder In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death. § 782.07(2) – (4), Fla. Stat. Enhanced penalty if 2c alleged and proved. Give a, b, or c, as applicable. If you find the defendant guilty of manslaughter, you must then determine whether the State has further proved beyond a reasonable doubt that: a. (Victim) was at the time [an elderly person] [disabled adult] whose death was caused by the neglect of (defendant), a caregiver. b. (Victim) was a child whose death was caused by the neglect of (defendant) , a caregiver. c. (Victim) was at the time [an officer] [a firefighter] [an emergency medical technician] [a paramedic] who was at the time performing duties that were within the course of [his] [her] employment. The court now instructs you that (official title of victim) is [an officer] [a firefighter] [an emergency medical technician] [a paramedic. Definitions. Give if applicable. Child means any person under the age of 18 years. Elderly person means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age, organic brain damage, or physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the persons own care or protection is impaired. Disabled adult means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to developmental disability, organic brain damage, or mental illness, or who was one or more physical or mental limitations that restrict the persons ability to perform the normal activities of daily living. “Facility” means any location providing day or residential care or treatment for elderly persons or disabled adults. The term “facility” may include, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, mental health treatment center, or continuing care community. As applied to an Elderly Person or a Disabled Adult. “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult. “Caregiver” includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities. As applied to a Child. Caregiver means a parent, adult household member, or other person responsible for a childs welfare. §§ 825.102(3)(a) or 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. “Neglect of [a child”] [an elderly person”] [a disabled adult”] means: 1. A caregivers failure or omission to provide [a child] [an elderly person] [a disabled adult] with the care, supervision, and services necessary to maintain [a child’s] [an elderly person’s] [a disabled adult’s] physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the [child] [elderly person] [disabled adult]; or 2. A caregivers failure to make reasonable effort to protect [a child] [an elderly person] [a disabled adult] from neglect by another person. HARASSMENT BY USE OF PERSONAL IDENTIFICATION INFORMATION – 817.568(4) None Comment This instruction was adopted in 2005. 20.14 HARASSMENT BY USE OF PERSONAL IDENTIFICATION INFORMATION § 817.568(4), Fla. Stat. To prove the crime of Harassment Use Of Personal Identification Information, the State must prove the following three elements beyond a reasonable doubt : 1. (Defendant) willfully and without authorization [possessed] [used] [attempted to use] personal identification information concerning (victim) . 2. [He] [She] did so without first obtaining the consent of (victim). 3. [He] [She] did so with the purpose of harassing (victim). Definitions “Willfully” means intentionally and purposely. “Authorization” means empowerment, permission, or competence to act. “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, postal or electronic mail address, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, unique electronic identification number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person’s financial resources. “Harass” means to engage in conduct directed at a specific person that is intended to cause substantial emotional distress to such person and serves no legitimate purpose. “Harass” does not mean to use personal identification information for accepted commercial purposes and does not include constitutionally protected conduct such as organized protests. Enhanced penalty. Give if applicable. See § 817.568 (5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Repeated conduct or a single incident or omission by a caregiver that results in, or could reasonably be expected to result in, a substantial risk of death of [a child] [an elderly person] [a disabled adult] may be considered in determining neglect. This instruction was adopted in 1981 and amended in 1985, 1997, and 2003 , and 2005. It should be given for offenses committed after July 1, 2001. See § 810.02, Fla. Stat. (2002). For guidance on instructions for burglary offenses committed between February 2000 and before July 1, 2001, see State v. Ruiz, 863 So.2d 1205 (Fla. 2003) and Burnes v. State , 861 So.2d 78 (Fla. 2003). 20.13 FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION § 817.568(2), Fla. Stat. To prove the crime of Fraudulent [Use] [Possession] Of Personal Identification Information, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) willfully and without authorization [fraudulently used] [possessed with intent to fraudulently use] personal identification information concerning (victim). 2. [He] [She] did so without first obtaining the consent of (victim). Definitions “Willfully” means intentionally and purposely. “Fraudulently” means purposely or intentionally suppressing the truth or perpetrating a deception. “Authorization” means empowerment, permission, or competence to act. “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, postal or electronic mail address, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, unique electronic identification number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person’s financial resources. Enhanced penalty. Give if applicable and Fraudulent Use is charged. See § 817.568 (5) and (10), Fla. Stat., which if alleged will require an interrogatory. If you find the defendant guilty of Fraudulent Use Of Personal Identification Information, you must then determine whether the State has further proved beyond a reasonable doubt that: The pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $100,000 or more. The pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $5000 or more. The pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $50,000 or more. The defendant fraudulently used the personal identification information of 10 or more but fewer than 20 individuals without their consent. The defendant fraudulently used the personal identification information of 20 or more but fewer than 30 individuals without their consent. The defendant fraudulently used the personal identification information of 30 or more individuals without their consent. Lesser Included Offenses Comment This instruction was approved in 2005. See Small v State , 889 So.2d 862. Battery784.03 8.3 Amendments to standard jury instructions for criminal cases Aggravated assault 784.021 8.2 CATEGORY ONECATEGORY TWO FLA. STATINS. NO. FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR BY A [PARENT] [GUARDIAN]– 817.568(7) This instruction was adopted in 1981 and amended in 1987, 1989, 1992, 1995, and 1998 , and 2005. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla. Stat. To prove the crime of Vehicular [Vessel] Homicide, the State must prove more than a failure to use ordinary care, and must prove the following three elements beyond a reasonable doubt: 1. (Victim) is dead. 2. The death was caused by the operation of a motor vehicle [vessel] by (defendant) . 3. (Defendant) operated the motor vehicle [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla. Stat. Give if applicable. If you find the defendant guilty of [vehicular] [vessel] homicide, you must then determine whether the State has further proved beyond a reasonable doubt that: 1. At the time of the accident, (defendant) knew, or should have known, that the accident occurred; and 2. (Defendant) failed to give information and render aid as required by law. (Read applicable portion of § 316.062, Fla. Stat., as charged in information or indictment.) However, the State is not required to prove (defendant) knew that the accident resulted in injury or death. Definitions § 782.071(2), Fla. Stat. Applicable only to Vehicular Homicide. Victim includes a human being or a viable fetus which is killed as a result of any injury to the mother. A fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures. § 327.02(37) Fla. Stat. Applicable only to Vessel Homicide. Vessel is synonymous with boat and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. Lesser Included Offenses Assault784.0118.1 3. [He] [She] did so with intent to commit or facilitate the commission of a fraud on another person. Definitions “Willfully” means intentionally and purposely. “Fraudulently” means purposely or intentionally suppressing the truth or perpetrating a deception. “Authorization” means empowerment, permission, or competence to act. “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, postal or electronic mail address, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, unique electronic identification number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person’s financial resources. “Counterfeit or fictitious personal identification information” means any counterfeit, fictitious or fabricated information in the similitude of the data just defined to you that, although not truthful or accurate, would in context lead a reasonably prudent person to credit its truthfulness and accuracy. Enhanced penalty. Give if applicable. See § 817.568 (5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses DUI 316.19328.1 Vessel homicide782.0727.9(a) Trespass810.08(2)(b)13.3 ASSAULT O F N LAW ENFORCEMENT OFFICER OR FIREFIGHTER , ETC. 784.07(2) (a), Fla. Stat. a. intentionally or knowingly caused [great bodily harm to (victim)] [permanent disability to (victim)][permanent disfigurement to (victim)]. b. used a deadly weapon. Attempt777.04(1)5.1 DUI damage to or person or property 316.193(3)(c) CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Improper exhibition of dangerous weapons or firearms790.1010.5 CATEGORY ONECATEGORY TWO FLA. STATINS. NO. Comment This instruction was adopted in 2005. 20.15 FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR § 817.568(6), Fla. Stat. To prove the crime of Fraudulent Use Of Personal Identification Information Of A Minor, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) willfully and without authorization fraudulently used personal identification information concerning (victim). 2. (Victim) was less than 18 years of age. 3. (Defendant) did so without first obtaining the consent of (victim) or [his] [her] legal guardian. Definitions “Willfully” means intentionally and purposely. “Fraudulently” means purposely or intentionally suppressing the truth or perpetrating a deception. “Authorization” means empowerment, permission, or competence to act. “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, postal or electronic mail address, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, unique electronic identification number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person’s financial resources. Enhanced penalty. Give if applicable. See § 817.568 (5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses Criminal Mischief806.1312.4 c. [knew or should have known that (victim) was pregnant]. 3. (Victim) was at the time 65 years of age or older. Definition. Give if 2b alleged. A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. Lesser Included Offenses Definitions. As applied to Designated Personnel. §§ 112.191 and 663.35, Fla. Stat. “Firefighter” means any full-time duly employed uniformed firefighter employed by an employer, whose primary duty is the prevention and extinguishing of fires, the protection of life and property therefrom, the enforcement of municipal, county, and state fire prevention codes, as well as the enforcement of any law pertaining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. 943.10(14), Fla. Stat. Officer means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla. Stat . Emergency Medical Technician means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla. Stat. Paramedic means a person who is certified by the Department of Health to perform basic and advanced life support. Lesser Included Offenses Burglary810.02(3)13.1 VEHICULAR AND VESSEL HOMICIDE – 782.071 or 782.072, Fla. Stat. CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Improper exhibition of dangerous weapons or firearms790.1010.5 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. 3. (Victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . 4. (Defendant) knew (victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . 5. (Victim) was engaged in the lawful performance of [his][her] duties when the battery was committed against [him][her]. The court now instructs you that (name of official position of victim designated in charge) is a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . In giving this sentence, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So.2d 1024 (Fla. 1991). Definition. Give if 2b alleged. A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. Lesser Included Offenses Attempt777.04(1)5.1 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. None CATEGORY ONECATEGORY TWO FLA. STATINS. NO. Improper exhibition of dangerous weapons or firearms790.1010.5 Assault784.0118.1 a. intentionally or knowingly caused [great bodily harm to (victim)] [permanent disability to (victim) ]. b. used a deadly weapon. Comment Aggravated assault784.0218.2 CATEGORY ONECATEGORY TWOFLA. STATINS. NO. center_img FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR – 817.568(6) Attempt777.04(1)5.1 AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER 784.08( a 2 )(a) Assault784.0118.1 BATTERY OF LAW ENFORCEMENT OFFICER , ETC. 784.07(2)(b), Fla. Stat. Felony battery784.0418.5 Battery on person 65 years of age or older 784.08(2)(c) 8.14 Battery784.038.3 Attempt777.04(1) 5.1 BURGLARY OF DWELLING; BURGLARY OF STRUCTURE OR CONVEYANCE WITH HUMAN BEING INSIDE — 810.02(3) Comment The lesser included offense of Felony Battery is only applicable if element 2a is charged and proved.This instruction was adopted in 1992 and was amended in 1995 , and 2005. 8.14 AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER 784.08(2)(a), Fla. Stat. To prove the crime of Aggravated Battery on a person 65 years of age or older, the State must prove the following three elements beyond a reasonable doubt. The first element is a definition of battery. 1. (Defendant) intentionally [touched or struck (victim) against [his] [her] will] [caused bodily harm to (victim)]. 2. (Defendant) in committing the battery Give 2a, 2b, or 2c as applicable Trespass810.08 (2)(c)13.3 Attempt777.04(1)5.1 Attempt777.04(1)5.1 a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired. Culpable negligence784.05(2)8.79 Battery 784.038.3 None Reckless operation of vessel327.33 8.10 ASSAULT ON LAW ENFORCEMENT OFFICER , OR FIREFIGHTER , ETC. 784.07(2)(a), Fla.Stat. To prove the crime of Assault on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer employed by the Board of Trustees of a Community College] , the State must prove the following six elements beyond a reasonable doubt: 1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim) . 2. At the time, (defendant) appeared to have the ability to carry out the threat. 3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place. 4. (Victim) was at the time a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . 5. (Defendant) knew (victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . 6. At the time of the assault (victim) was engaged in the lawful performance of [his] [her] duties. The court now instructs you that (name of official position of victim designated in charge) is a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . In giving this sentence, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So.2d 1024 (Fla. 1991). Lesser Included Offenses AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER , ETC. – 784.07(2)(d) Vehicular homicide782.0717.9 Commen t This instruction was adopted in 2005. 20.18 FRAUDULENT CREATION, USE OR POSSESSION OF COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION § 817.568(9), Fla. Stat. To prove the crime of Fraudulent [Creation] [Use] [Possession] Of Counterfeit Personal Identification Information, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) willfully and fraudulently [created] [used] [possessed with intent to use] counterfeit or fictitious personal identification information. Give 2a or 2b as applicable. 2. a. The personal identification information concerned a fictitious individual This instruction was approved in 1992 and amended in 1995 , and 2005. 8.13 AGGRAVATED BATTERY ON LAW ENFORCEMENT OFFICER , OR FIREFIGHTER , ETC. 784.07(2)(d), Fla. Stat. To prove the crime of Aggravated Battery on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer employed by the Board of Trustees of a Community College] , the State must prove the following five elements beyond a reasonable doubt. The first element is a definition of battery. 1. (Defendant) [intentionally touched or struck (victim) against [his] [her] will] [intentionally caused bodily harm to (victim) ]. Give 2a or 2b as applicable. 2. (Defendant) in committing the battery 8.11 BATTERY ON LAW ENFORCEMENT OFFICER , OR FIREFIGHTER, ETC. 784.07(2)(b), Fla. Stat. To prove the crime of Battery on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer employed by the Board of Trustees of a Community College] , the State must prove the following four elements beyond a reasonable doubt: 1. (Defendant) intentionally [ touched or struck (victim) against [his] [her] will] [caused bodily harm to (victim) ]. 2. (Victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . 3. (Defendant) knew (victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college]. 4. (Victim) was engaged in the lawful performance of [his] [her] duties when the battery was committed. The court now instructs you that (name of official position of victim designated in charge) is a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . In giving this sentence, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So.2d 1024 (Fla. 1991). Lesser Included O ffenses AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER , ETC. – 784.07(2)(c) CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Discharging firearms in public790.1510.6 Attempt777.04(1)5.1 Reckless driving316.19228.5 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Aggravated battery 784.045 8.4 Burglary810.02(3)13.1 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Comment Several statutes have been added in recent years providing for reclassification of assaults and batteries on designated classes: 784.074, 784.075, 784.076, 784.078, 784.081, 784.082, 784.083, and 784.085.This instruction was adopted in 1981 and amended in 1992 , and 1995 , and 2005. CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Trespass810.08(2)(a)13.3 Comment This instruction was adopted in 2005. 20.16 FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR BY A PARENT OR GUARDIA N § 817.568(7), Fla. Stat. To prove the crime of Fraudulent Use Of Personal Identification Information Of A Minor A [Parent] [Guardian], the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) willfully and fraudulently used personal identification information concerning (victim) . 2. (Victim) was less than 18 years of age. 3. (Defendant) was [the parent of] [the legal guardian of] [exercised custodial authority over] (victim) at the time. Definitions “Willfully” means intentionally and purposely. “Fraudulently” means purposely or intentionally suppressing the truth or perpetrating a deception. “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, postal or electronic mail address, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, unique electronic identification number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person’s financial resources. Enhanced penalty. Give if applicable. See § 817.568 (5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses Amendments to standard jury instructions for criminal cases Trespass810.08(2)(a)13.3 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO MANSLAUGHTER – 782.07 FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION – 817.568(2) This instruction was adopted in 1981 and amended in 1992 , and 1995, and 2005. 8.12 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER , OR FIREFIGHTER , ETC. 784.07(2)(c), Fla. Stat. To prove the crime of Aggravated Assault on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer employed by the Board of Trustees of a Community College] , the State must prove the following seven elements beyond a reasonable doubt. The first three elements define assault. 1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim) . 2. At the time, (defendant) appeared to have the ability to carry out the threat. 3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place. Give 4a or 4b as applicable. 4. a. [ The assault was made with a deadly weapon. ] b. [ The assault was made with a fully-formed, conscious intent to commit (crime charged) upon (victim) . ] If 4b is alleged, define the crime charged. 5. ( Victim ) was at the time a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college]. 6. (Defendant) knew (victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . 7. At the time of the assault (victim) was engaged in the lawful performance of [his] [her] duties. The court now instructs you that (name of official position of victim designated in charge ) is a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] . In giving this sentence, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So.2d 1024 (Fla. 1991). Definition. Give if 4a alleged. A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.Give if 4a alleged It is not necessary for the State to prove that the defendant had an intent to kill. Lesser Included Offenses c. The death of (victim) was caused by the culpable negligence of (defendant). None FRAUDULENT CREATION, USE OR POSSESSION OF COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION – 817.568(9) Criminal Mischief806.1312.4 BURGLARY — 810.02(4) Attempt777.04(1) 5.1 Attempt777.04(1)5.1 Aggravated battery784.0458.4 Attempt777.04(1)5.1 Aggravated battery 784.045 8.4 None CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Trespass810.08(2)(b)13.3 Comment CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Comment In the event of any reinstruction on manslaughter, the instructions on justifiable and excusable homicide as previously given should be given at the same time. Hedges v. State, 172 So.2d 824 (Fla. 1965). In appropriate cases, an instruction on transferred intent should be given. Trial judges should carefully study Eversley v. State, 748 So.2d 963 (Fla. 1999), in any manslaughter case in which causation is an issue to determine if a special jury instruction on causation is needed. To be found guilty of Aggravated Manslaughter, there is no statutory requirement that the defendant have knowledge of the classification of the victim; therefore, the schedule of lesser included offenses does not include Aggravated Battery on a Law Enforcement Officer, Aggravated Assault on a Law Enforcement Officer, Battery on a Law Enforcement Officer, or Assault on a Law Enforcement Officer. Those offenses have a different definition of officer. Additionally, the excluded lesser included offenses require proof of knowing that the commission of the offense was on an officer who was engaged in the lawful performance of a legal duty . This instruction was adopted in 1981 and amended in 1985, 1992, and 1994 , and 2005. 7.8 DUI MANSLAUGHTER 316.193(3)(c)3, Fla.Stat. To prove the crime of DUI Manslaughter, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) drove or was in actual physical control of a vehicle. 2. While driving or while in actual physical control of the vehicle, (defendant) Give 2a or 2b as applicable. Attempt (possession only)777.04(1)5.1 Discharging firearms in public790.1510.6 FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION CONCERNING A DECEASED INDIVIDUAL – 817.568(8) Battery 784.038.3 Trespass810.08 (2)(c)13.3 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Burglary810.02(4)13.1 Trespass810.08(2)(b)13.3 Battery784.038.3 Assault on law on enforcement officer 784.07(2)(a) 8.810 b. had a blood or breath alcohol level of 0.08 or higher. 3. As a result, (defendant) caused or contributed to the cause of the death of (victim). See Magaw v. State, 537 So.2d 564 (Fla. 1989) Definitions. Give as applicable. 316.003(75), Fla. Stat. “Vehicle” is any every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. “Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. “Actual physical control of a vehicle” means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. “Alcoholic beverages” are considered to be substances of any kind and description which contain alcohol. § 877.111(1), Fla. Stat. (Specific substance alleged) is a chemical substance under Florida law. Chapter 893, Fla. Stat. (Specific substance alleged) is a controlled substance under Florida law. In appropriate cases, an instruction may be given on one or more of the presumptions of impairment established by 316.1934(2)(a), (2)(b), and (2)(c), Fla. Stat., as follows: 1. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. 2. If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; or 3. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [his] [her] normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence. These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. Defense of inoperability. Give if applicable. It is a defense to the charge of driving or being in actual physical control of a vehicle while under the influence if at the time of the alleged offense the vehicle was inoperable. However, it is not a defense if, while impaired, the defendant drove or was in actual physical control of the vehicle before it became inoperable. Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty if all the other elements of the charge have been proved beyond a reasonable doubt. Lesser Included Offenses Assault784.0118.1 Attempt777.04(1)5.1 Attempt777.04(1)5.1 last_img read more

New members of the Zadar County Tourist Board elected

first_imgRobertina Pustijanac Bunja and Jole Petričević were elected members of the Supervisory Board, while Goran Ražnjević, Tomislav Fain and Frane Skoblar are members of the Croatian National Tourist Board. ILIRIJA INVESTS HRK 35 MILLION IN RAISING THE QUALITY OF ITS ACCOMMODATION CAPACITIES AND NEW FACILITIES RESEARCH: THE SUN AND THE SEA ARE NO LONGER THE MAIN MOTIVE FOR THE ARRIVAL OF TOURISTS IN ZADAR AND ZADAR COUNTY At the session of the Zadar County Tourist Board, held on Thursday, February 21, 2019, new members of the Tourist Board, the Supervisory Board and representatives of the Zadar County Tourist Board were elected to the Croatian National Tourist Board.center_img RELATED NEWS: By unanimous decision for the members of the Tourist Board of the Zadar County Tourist Board were elected: Božidar Duka (regional director of D-marin Croatia), Tomislav Fain (director and board member of Terra travel agency), Valentino Gregov (caterer from the Zadar islands), Marin Kirin (member management and general manager of Falkensteiner hotel resort Borik), Marin Marasović (owner of hotel and tourist agency Rajna), Slavko Pernar (member of Povljana tourist board), Frane Skoblar (marketing manager of Tourist hotel Riviera Nin) and Goran Ražnjević (President of Ilirija dd, Biograd at sea ).last_img read more

ECE looks for new bidders

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Talk of the towns

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No expense spared in Wishart family home

first_imgThe family room and covered alfresco area.“My children’s favourite things about our house are their oversized bedrooms, larger living and entertaining areas and our pool,” Mrs Di Bella said. MORE REAL ESTATE STORIES >>>FOLLOW DEBRA BELA ON TWITTER<<< Brisbane house price hits new high The kitchen with breakfast bar and casual meals area.An international marketing campaign that targeted Chinese newspapers as well as overseas portals, drew four Chinese and two Australian bidders and a crowd of 60 to the 756sq m property south-east of Brisbane.Bidding started at $850,000 and the auction had two breaks for negotiations before selling to friends of the vendors, who had previously rented next door.“They loved the area and wanted to get back into the neighbourhood,” LJ Hooker Sunnybank Hills agent Kosma Comino said. The Di Bella family had lived in the double brick, six-bedroom house for 15 years.“We wanted to build a well-structured, easy to maintain, practical, stylish family home where we could raise our two young girls,” Mr Di Bella said. This house at 15 Kentwell Place, Wishart sold at auction for $1.22m on Saturday.A 16-month labour of love to build 15 Kentwell Place at Wishart has paid off with the expansive family home selling at auction on Saturday for $1.22 million.Angela and Sabastian Di Bella were working full time while building their two level home with Mrs Di Bella’s father, Charlie, supervising the entire build. More from newsCrowd expected as mega estate goes under the hammer7 Aug 2020Hard work, resourcefulness and $17k bring old Ipswich home back to life20 Apr 2020 Free pontoons on offer The pool has a wading area for younger children.“I love my granite bench top, the wrought iron staircase, and my Juliet balcony.”Mr Comino said it was the first auction in a while where all six registered bidders were actively bidding during the auction.“There’s talk that the market is quite tough, but this was a good result, and we had a lot of interest in the property.”last_img read more