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

Arnold Saltzman: A Man of War and Peace

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York On a rainy day in Sands Point, Arnold Saltzman—the 96-year-old former roving ambassador, esteemed art collector, successful businessman and generous benefactor— was discussing the weakness of American government, the savagery of German expressionism and the pleasure of his favorite poetry. He was sitting in his spacious study that publishing magnate Max Schuster had built in the 1920s and lined with book shelves. Saltzman and his wife Joan bought the property almost 40 years ago, kept Schuster’s library but razed the rest and redesigned their new house around it.Gazing at the Sound, its horizon hidden in mist, Saltzman heard his wife talking in the kitchen with their housekeeper and his eyes sparkled.“I can look at my wife’s face every day and smile,” he says. They just celebrated their 75th anniversary. Their courtship had lasted three months. Now they have three children and five grandkids.Saltzman sat a little stiffly that morning because he’d hurt his back in a recent fall. “Most of my parts don’t work very well,” he says and draws his hand to his chin. “But this part works perfectly,” he adds, with a nod. “I remember everything! And I can still think strategically, which is a great comfort.”Saltzman’s father had left Russia for America when he was five and settled in Brooklyn, where Arnold  was born in 1916. Saltzman’s elementary school had 48 kids in one classroom. After graduating from Columbia University when he was 20, he went to work for the Roosevelt administration during the Depression and later enlisted in the Navy.Over the years Joan and Arnold Saltzman have both left their mark on our region. Their names are on a new reading room at the Port Washington library, the Joan and Arnold Saltzman Community Services Center at Hofstra, where he’s trustee emeritus, and the Arnold and Joan Saltzman Fine Arts Building at the Nassau County Museum, where he was the founding president, and recently showed some Marc Chagall paintings from his private collection for an exhibit. Perhaps most fitting, considering that Saltzman served five U.S. presidents as an envoy on diplomatic missions, his moniker adorns the Arnold A. Saltzman Institute of War and Peace Studies at Columbia.“Anything that can fight war and promote peace I’m for!” says Saltzman, a lifelong Democrat, who still believes that Hubert Humphrey “was the greatest American of our century…If he had succeeded, we would have had a much better country!”President Richard Nixon, Saltzman says with a wry smile, wanted “no part” of him because he’d opposed the Vietnam War. “I’d been a pain in the neck to him,” Saltzman says.For his work as an envoy for President Johnson, he helped negotiate the Nuclear Non-proliferation Treaty in the 1960s, which may not get the attention it deserves today considering the smoldering conflicts around the globe but it’s an achievement still worth taking note of, as George Perkovich, director of the nuclear policy program at the Carnegie Endowment for International Peace in Washington, D.C., tells the Press, it is “a great success in humankind’s history of seeking to use law to constrain instruments of destruction… The treaty enjoys nearly universal adherence,” adds Perkovich, noting that only Israel, India, Pakistan, and now, North Korea are the exceptions. “The treaty has encouraged many states that otherwise had the capability to acquire nuclear weapons to forbear from doing so. It has facilitated the peaceful use of nuclear energy around the world. Few international agreements have done so much.”Saltzman says that the Cold War was a much simpler time than the war on terrorism, because the “mutual deterrence” between the America and the Soviet Union kept both sides from using their nuclear weapons. “There is no such thing now,” he says with regret.But having played a hand in postponing Armageddon might be enough for most people to rest on their laurels, but not Saltzman.In 1992, when he was only 76, he began helping Kyrgyzstan, a small impoverished former Soviet republic in Asia, turn its mineral resources into wealth because it had given his privately held company, Windsor Production Corporation, which still has an office in Manhattan that he regularly visits, the negotiating rights. Saltzman was “familiar with the region,” the New York Times reported, and the prospect excited him he said, because “it’s better than taking a vacation.”Over the years Saltzman has spoken all over the country. After he’d gone to a Michigan church in 1971 and addressed the congregation for two hours, without notes, on the topic, “What is rich?,” the pastor sent him a thank-you note: “You have made me rethink what in fact it does mean to be rich and to know that even in one’s seeming poverty one is rich beyond words.”You could say the same thing about Saltzman today. May his example inspire others for years to come.last_img read more

LIRR Moving on Ronkonkoma Double Track Plans

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Ronkonkoma-bound Long Island Rail Road riders—who routinely endure some of the worst delays in the commuter system—are nearing a long-awaited solution, according to LIRR President Helena Williams, who said that the double track project is getting closer to breaking ground.The Main Line track between Farmingdale and Ronkonkoma has seen ridership double over the last 25 years since it was electrified in 1988, but the service has always been vulnerable to disruptions because two-thirds of the 18-mile span consists of only a single pair of tracks. When a train breaks down, there’s no way around it.“Two tracks are better than one,” said Williams, repeating her mantra for this ambitious project that marks a major investment in the railroad.The MTA has committed $138 million to the planning and construction of phase one of the Double Track Project, which is slated to commence along a a 4-mile stretch between Ronkonkoma and Central Islip come November. The preliminary design and environmental assessment has just been done, and the LIRR is hoping to complete its review by next month and begin putting contracts out to bid soon thereafter. If they stick to their schedule, it should be done in two years.The Main Line should see “shovels in the ground” this fall, she said. “We’re going forward.”Unlike the more controversial—and three times more expensive (at $1.5 billion)—Third Track proposal between Floral Park and Hicksville, no homes or businesses will be significantly affected by double-tracking the Ronkonkoma line, she said, because the LIRR can do the job within its existing right of way. In other words, there are “fewer backyards” to contend with.Phase Two, which would extend the double track corridor to Farmingdale, requires another $300 million from the MTA’s next five-year capital funding program. If that money is forthcoming in a timely fashion, then Williams predicts the next stretch can be finished by 2018. With the money they already have, they expect to complete the design, at least, for the entire 18-mile segment.In other news, the LIRR is slated to get nearly $21 million in Superstorm Sandy recovery aid from the Federal Transit Administration, which will help the railroad repair bridges, signals and other infrastructure.As for the gap at the top of the MTA after Joseph Lhota left his job as chairman to run as a Republican mayoral candidate in New York City, Williams said she’s optimistic that her railroad wouldn’t get overlooked because the interim MTA Executive Director Thomas Prendergast is a former LIRR president.If he’ll have the clout to guarantee that the LIRR gets adequate funding for Phase II of the double track remains to be seen. The riders on the Ronkonkoma line will just have to keep their fingers crossed.last_img read more

Cops Release Sketch of Westbury Attempted Rapist

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Nassau County police released Tuesday a composite sketch of the suspect wanted for trying to rape a 22-year-old woman in downtown Westbury last week and released new details about the attack.Special Victims Squad detectives revealed that the assailant tried to pull down the victim’s pants after attacking her from behind and knocking her to the ground at the corner of Maple Avenue at 1:40 a.m. Wednesday, Oct. 22.The victim was walking northbound on Post Avenue while on her way home from the Long Island Rail Road station when she was attacked. The suspect, who was scared away by a bystander, was last seen fleeing eastbound on Maple Avenue, police said. The victim was treated for minor injuries at the scene.The suspect was described as a Hispanic man in his 40s or 50s, 6-feet, 1-inch tall, who was wearing a dark-hooded sweat jacket, jeans and tan boots.The case is the second attempted rape in central Nassau in a week. Investigators are still searching for a suspect who also tried to rape a woman in the early morning hours of Oct. 16 in East Garden City, about two miles away from the scene of the latest case.Special Victims Squad detectives ask anyone who knows the identity, or whereabouts of this subject, or anyone with any information about this case to call them at 516-573-4022 or Crime Stoppers at 1-800-244-TIPS (8477). Crime Stoppers is offering a $5,000 reward for information leading to an arrest and conviction.last_img read more

Southampton Man Charged With $600K Scam

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A 62-year-old man was arrested for allegedly scamming a total of $600,000 from at least 100 clients of long-distance vehicle transportation brokerage companies he ran from his Southampton home.Gregory Sclafani was charged Thursday with mail and wire fraud at Central Islip federal court.“Under the guise of acting as a cost-effective broker of automobile transportation services, the defendant allegedly broke the trust of his victims and stole hundreds of thousands of dollars from them,” said Loretta Lynch, U.S. Attorney for the Eastern District of New York.Prosecutors said Sclafani solicited clients online to use his services to obtain hauling services for their vehicles, which gained him access to his victims’ bank accounts starting in 2008.Sclafani allegedly failed to deliver the services and generated fraudulent checks in order to make repeated, unauthorized withdrawals from those customers’ accounts, authorities said.Individuals who believe they may have been victims of his alleged fraud scheme should call 888-DOT-SAFT or file a complaint online.last_img read more

Video of Long Islander Trying to Charge iPhone on Broadway Set Goes Viral

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A Seaford man reached viral status this week when a cell phone video caught him in the act of brazenly climbing onto a Broadway stage to charge his dying iPhone.Nick Silvestri, 19, and his family were taking in Broadway’s “Hand of God” on July 2 when he crawled onto the set during the show and plugged his power-starved iPhone into an outlet that turned out to be fake. His unsuccessful attempt caused an immediate ruckus, shocking the audience and prompting security to intervene. A video of the episode posted on YouTube four days later with the title “Moron jumps on stage on Broadway to try and charge his phone in a fake outlet” has nearly a quarter of a million views.The Nassau County Community College student revealed in an interview with Playbill that he interrupted the show because his phone was running low on juice, not in response to a dare. He first got anxious at dinner, when he tried and failed to charge the phone at a nearby restaurant. Silvestri said they had enjoyed a few drinks and “were a little banged up.”“I was thinking that they were probably going to plug something in there on the set, and I figured it wouldn’t be a big deal if my phone was up there, too,” he told Playbill.After his attempt, Silvestri lobbied the security guards to let him retrieve his phone, Playbill reported. Instead, one of the guards grabbed it and took Silvestri back to his seat. They allowed him to remain for the rest of the show.His initial apology appeared to lack remorse.“Hey, I’m sorry if I delayed your show five minutes,” he told Playbill. “But you got a lot of attention from this, so maybe I made your show a little better [known].”Members of the cast were not amused by his antics–even if they inadvertently generated publicity for their production.The star of the show, Steven Boyer, told the New York Daily News that Silvestri’s distraction delayed the show by five minutes.The News and other city tabloids have reported that actors such as prize-winning Patti LuPone, a Northport native, have recently been going public to complain about irritating theatergoers sending text messages, glancing at their watches, and falling asleep during their performances. LuPone, without stepping out of character, saw a woman seated at the end of the second row texting on her phone, went into the audience and grabbed it from her before she could react. The woman had to wait until the performance was over to get it back from the stage manager. LuPone’s taking matters in her own hands prompted editorial praise at Newsday, the Daily News and the New York Post.Silvestri reportedly issued a formal apology to the cast on Friday. It’s not known whether he phoned it in.last_img read more

Do This: Long Island Concerts & Events August 27 – September 2

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York 48-Hour Film Competition ScreeningFilmmaking teams from all over Long Island poured their hearts out for 48 straight hours to bring you these unbelievable short films! They didn’t even know the genre they would be shooting until the start of the competition. All creativity—writing, shooting and editing—took place on the hot summer weekend of August 7th. Now is your chance to see what they made! At the end of the screening, the jury-selected winner will be announced. Cinema Arts Centre, 423 Park Ave., Huntington. cinemaartscentre.org $10. 7:30 p.m. August 27.Barbara EdenYour wish has come true! This I Dream of Jeannie star recently celebrated her 84th birthday and the 50th anniversary of her beloved show. You don’t need to fold your arms and wiggle your nose to meet this longtime fan favorite. NYCB Theatre at Westbury, 960 Brush Hollow Rd., Westbury. venue.thetheatreatwestbury.com $39.50. 8 p.m. August 27.Petey MixThese Long Beach-based rockers perform originals and covers ranging from Led Zeppelin, Jimmy Hendrix, Van Halen and Aerosmith. Show your support for a local band with great taste, great music, and great entertainment. The Space at Westbury, 250 Post Ave., Westbury thespaceatwestbury.com $10. 8 p.m. August 27. Math-inspired art by George Hart.The Art of MathAn opening reception will be held for this exhibit of art-inspired works created by artist George Hart. From 3D printing to sculpture, painting and drawing, the artworks on display will showcase a variety of styles that explore new conceptual depths. The result is bold, bright, complex, angular and intricate works—inspired by a logical system that is both aesthetically and intellectually intriguing, pushing the viewer to contemplate their own understanding of what math is and what, dear friends, math can be. Runs through Sept. 25. Gallery North, 90 North Country Rd., Setauket. gallerynorth.org 5 p.m. August 28. Patent Pending (Photo by Joe Nuzzo)Patent PendingHometown pop-punk heroes are making the long drive from their native Mt. Sinai to Amityville for their latest show to remind all the emo kids to cheer up. Check out this recent feature on the band in the Press. Warming up the crowd are Shiffley, I Ignite, The Cavalry Is Us and Call The Station. Revolution Bar & Music Hall, 140 Merrick Rd., Amityville. revolutionli.com $15. 7 p.m. August 28. Kevin HartFresh off of his latest big screen releases, Get Hard, in which he starred alongside Will Ferrell, and The Wedding Ringer, co-starring Josh Gad, ‘Lil Kev continues selling out major venues as fans can’t get enough of his self-depreciating humor. You ready to go night-night!? Of course you are! Nikon at Jones Beach Theater, 1000 Ocean Pkwy, Wantagh. jonesbeach.com $200. 8 p.m. August 28.Eric Burdon & The AnimalsMore than 50 years since the band formed relive the legendary psychedelic singles such as “Baby, Let Me Take You Home” and “House of the Rising Sun.” With Burdon’s soulful vocals at the forefront, this is one rock and roll performance you don’t want to miss. With Edgar Winter Group. NYCB Theatre at Westbury, 960 Brush Hollow Rd., Westbury. venue.thetheatreatwestbury.com $39.50. 8 p.m. August 28.Laid Back FestivalFeaturing world-class music acts such as original and founding member of the Allman Brothers Band, Gregg Allman, and the folk-rock legends the Doobie Brothers. Although the event is titled “Laid Back Festival,” you can expect anything but from these classic bands. Rock `n Roll Hall of Famer Allman not only founded one of the most important American bands of all time, but has continued to pursue music with his successful solo career. Forty-five years down the road, and Allman has shown no signs of aging. In fact, the Southern rock legend, known for his decades of work with the Allman Brothers Band, plans on extending his tour through January. On top of great music, the best local food and drinks Long Island has to offer will be available. Supporting acts include: City of the Sun, Bruce Homsby and the Noisemakers, and Jaimoe’s Jasssz Band. Nikon at Jones Beach Theater, 1000 Ocean Pkwy, Wantagh. jonesbeach.com $20-$125. 4 p.m. August 29.Poetry ReadingJoin us for an evening of poetry featuring the bards of Poets in Nassau, a group whose members write, read and discuss poetry at different venues throughout the county. You’ll have a chance to browse their new exhibit “Aviators, Poets and Dreamers,” listen to some seismic syllabic soliloquies, and participate as well. Light refreshments will be served. Cradle of Aviation Museum, Charles Lindbergh Blvd., Garden City. cradleofaviation.org Free. 6 p.m. August 29.John “Dr. Dirty” ValbyValby’s repertoire of “dirty ditties” is composed of popular songs, limericks, classical arrangements, and his own original creations. Valby has made a career out of poking fun at his audiences, stretching the limits of free speech and accepted good taste and satirizing current events from behind the piano. When he’s not playing and singing, he yells obscenities—the audience yells back and everyone has a good time. Governor’s Comedy Club, 90 Division Ave., Levittown. Govs.govs.com $25-$55. 7 p.m. August 29.I Am PumpedThis after-hours multi-media event features pop-up art galleries, including works by Jack Pierce, Michael Krasowitz, Jamie Mareno, J. Valentin, RatGrrl and Ryan Seslow. There will also be a live performance by Allone, a poet, storyteller and alternative hip-hop artist. Tastings by Angry Orchard will also be available. Islip Art Museum, 50 Irish Lane, East Islip. islipartmuseum.org $7. 7 p.m. August 29.AltheaThe Long Island premiere of this new documentary about trailblazing tennis star Althea Gibson includes a post-screening discussion with the film’s director, Rex Miller. Gibson was the first African American tennis player to cross the color line, paving the way for the likes of Venus and Serena Williams. Recognized as the queen of the sport, Gibson made history playing and winning at Wimbledon in 1957 and 1958, and twice became the U.S. Nationals champion—the precursor of the U.S. Open. Soundview Cinemas, 7 Soundview Market Pl., Port Washington. goldcoastfilmfestival.org $15, $10 students, $20 at door. 7:30 p.m. August 29..38 SpecialThese Southern rock journeymen tear through tracks spanning their nearly 40-year career, undoubtedly including breakthrough hit “Hold On Loosely” and chart-toppers “Caught Up in You” and “If I’d Been the One.” The Paramount, 370 New York Ave., Huntington. paramountny.com $25-$75. 8 p.m. August 29.The MonkeesHey! Hey! Two of the four original Monkees, Micky Dolenz, and Peter Tork, reunite for a tour to play mega hits such as “Last Train to Clarksville,” “Daydream Believer” and “I’m A Believer” that paved the way to their deserved 2014 induction into the American Pop Music Hall of Fame. NYCB Theatre at Westbury, 960 Brush Hollow Rd., Westbury. venue.thetheatreatwestbury.com $49.50. 8 p.m. August 29.Trey SongzOne of the sexiest men in R&B, Trey Songz has been taking the summer by storm. His sweet voice and wide vocal range can be heard both on the radio and in the clubs with songs such as “Slow Motion,” “Bottoms Up,” “Say Aah,” and “Na Na.” He’ll be making several appearances across Long Island in collaboration with SX Liquors, the new drink that is quickly getting everybody’s attention with arousing hints of honey and Mexican lemons. Don’t miss your chance for a tasting session, meet & greet, and bottle signature! The Emporium, 9 Railroad Ave., Patchogue. theemporiumny.com $37, $50 DOS. 10 p.m. August 29.Long Island Seafood FestivalOysters, clam chowder and lobster, ahoy! Celebrating the Island’s oldest profession couldn’t be more fitting at this venue overlooking the Great South Bay. Don’t forget to come with an empty stomach, becasue there will be an ocean’s worth of tasty sea creatures to devour! Long Island Maritime Museum, 88 West Ave.. West Sayville. liseafoodfestival.org $8. 10 a.m.-7 p.m., August 29, 30.Long Island Indie Rock & Pop FestivalI hope you have something great to wear; you’re going out to a party. Long Island’s 3rd annual Indie Rock & Pop Festival will be in full gear celebrating the sonic creations of dozens of aspiring artists and groups. Get ready to experience new sounds as you’ll be hit with styles ranging from soul pop, to indie Americana, to down-tempo IDM. These artists have stories to tell, and are not afraid to stretch genre boundaries to give you want you need. Rock out and enjoy the vibes! Eight acts TBA. 89 North Music Venue, 89 North Ocean Ave., Patchogue. 89northmusic.com $10 ages 16-20, $7 21 and up. 2 p.m. August 30.One Hell of a NiteSure, he pleaded guilty to felony assault after attacking then-girlfriend singer Rihanna. Old news. Supplementing his vocals with his insatiable appetite for crazy dance moves, Chris Brown has been one of most electrifying performers in recent memory. He has achieved international success like few others, with songs such as “Loyal,” “Turn Up the Music,” “Look at Me Now,” “Yeah 3x,” “Run It,” and “Ayo,” showcasing his diverse influences ranging from R&B and hip-hop to pop and house music. C. Breezy will be far from alone as he’ll be sharing the stage with the likes of Fetty Wap, the young phenomenon taking the Billboard charts hostage with hits such as “Trap Queen,” “679” and “My Way.” The sonic rapper Kid Ink has enjoyed great success with hip-hop, R&B, pop, and even EDM collabs; the ever-talented R&B crooner Omarion, knows how to start a party with songs like “Post to Be”; and Teyana Taylor, a New York-bred singer with lots of soul, promotes her new project The Casette Take 1994. With a crazy lineup like that, you absolutely have to come. It’s a must. Nikon at Jones Beach Theater, 1000 Ocean Pkwy, Wantagh. jonesbeach.com $35-$150.  7 p.m. August 30.Fascinating Gershwin with Joseph JoubertMarvel at the extraordinary showmanship of pianist Joseph Joubert as he transcends time and space and channels the spirit of Gershwin into the hearts and souls of all those in attendance! Fans will be reminiscing upon hearing gorgeous melodies, including, among many more: “Fascinating Rhythm,” “The Man I Love,” “I Got Plenty O’ Nuttin’,” “I Got Rhythm” and “Swanee”! John W. Engeman Theater, 250 Main St., Northport. engemantheater.com $45. 7 p.m. August 30.The J. Geils BandThe J. Geils Band has gone through many different genres throughout the decades. R&B-influenced blues rock to New Wave, the band is best know for their hit single “Centerfold.” Since the `60s, these Rock `n Roll Hall of Fame nominees have continued to tour, playing legendary live performances with one of the best harmonica players known, “Magic Dick.” Opening the show will be Ian Hunter & The Rant Band. The Paramount, 370 New York Ave., Huntington. paramountny.com $44.50-$119.50. 8 p.m. August 30. Damian “Jr. Gong” Marley and Stephen “Ragga” MarleyThe third stop on the Catch A Fire Tour 2015, launched in celebration of what would have been the 70th birthday year of their reggae legend father, Bob Marley, features special guests such as Jo Mersa, Black Am I and Skip Marley. This is bound to be a skankin’ good time! The Paramount, 370 New York Ave., Huntington. paramountny.com $30-$45. 8 p.m. September 1. 5 Second of SummerThe Australian pop punk band is originally known as YouTube celebrities, posting videos covering various artists. Now, their YouTube days are behind them since rising to international fame touring with One Direction. The band is best known for their hit single “She Looks So Perfect” and their self-titled debut studio album. They cite Blink 182 and Mcfly as primary influences and have another studio album to look forward to drop this October. Warming up the crowd will be Hey Violet. Nikon at Jones Beach Theater, 1000 Ocean Pkwy, Wantagh. jonesbeach.com $85.  7:30 p.m. September 1, 2.Jerry GladstoneAmerica’s master motivator and author will speak about and sign his new book The Common Thread, giving readers proven strategies, disciplines, methodology, insights, wisdom and perspective from people in the public eye. Book Revue, 313 New York Ave., Huntington. bookrevue.com Price of book. 7 p.m. September 2.—Compiled by Nicholas Semelak, Chuck Cannini, Ayo Fagbemi, Timothy Bolger and Zachary B. Tirana IIIlast_img

5 ways to save like a nerd on Cyber Monday

first_img 18SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr by: Ben PopkenWhen it comes to online shopping, geeks rule on Cyber Monday.Brent Shelton is a shopping guru for FatWallet, a web forum where online shopping geeks team up and share tips on the latest coupons and secret deals almost as soon as they happen. He says there’s a reason the pocket-protector set are apt to score on the Monday after Black Friday where retailers promote special online deals.“Geeks and nerds are… connected to resources that will throw a deal over the top and do their homework,” said Shelton. “They’re willing to put in the time to nab the big deal.”This comes in extra handy on Cyber Monday, the Monday after the Black Friday holiday shopping event. Retailers send out a blitz of deals, many of which can be so-so.But with a little know-how you got from the geeks you can leverage those deals and win big at the check out. Here’s five ways to save like a nerd on Cyber Monday.1. Abandon your shopping cartBefore CyberMonday, sign into your account at your favorite retailers and fill up your online shopping cart with stuff. Then… leave the site. A few hours or days later, check your email. continue reading »last_img read more

The iPhone effect

first_imgWhat do all these smartphones mean for branch delivery?by: Suzi McNicholasIt is clear that now, more than ever, today’s consumers are heavily influenced by technology that is simple, cool and connected. Take for instance the smartphone. This device has completely pervaded consumers’ everyday lives, and now credit union members expect similar technologies to accompany more and more of their daily tasks, especially when it comes to banking.This so-called “iPhone effect” has encouraged many credit unions to give an enormous amount of time and resources to expanding their online and mobile banking offerings. Rightly so.However, even though foot traffic in retail branch locations has decreased, the branch still remains the No. 1 sales and member engagement channel among credit unions across the country. While digital channels are critical to meeting members’ transactional needs, the physical branch is still a key component of engaging with members face to face. Contrary to popular belief, consumers still value human interaction when it comes to their personal finances. But now CUs must find a way to service tech-savvy members who demand a better in-branch experience.IDC Financial Insights predicts branch transformation will be an area of major investment over the next 12 months, with a 5 to 10 percent increase compared to 2014. Going forward, credit union branches will feature innovative architectural and visual design coupled with advanced technology, with a goal of maximizing the use of a branch’s staff and physical space.Over the last year, some of the largest credit unions have even opened mini branches, providing members the option of face-to-face banking while shrinking their footprint and reducing operating costs by up to 60 percent. continue reading » 3SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

How to apply critical thinking for a better credit union movement

first_imgIt’s time to really look at the principles and values of not only the credit union industry but the cooperative movement as a whole, and ask if we are resting on our haunches on top of these platitudes, or are we pushing hard, challenging ourselves, taking risks and doing what we believe is best for our people and communities.What I have been seeing more of happening in the credit union industry lately is applying a critical lens to our work and taking a true and honest assessment of how well we are or are not doing to truly act on and live our missions and values as cooperative businesses. If this doesn’t matter to you, it’s time to question why you are a cooperative. If it does matter to you to be a values-driven organization, then it’s time for some deeper soul searching.The National Council for Excellence in Critical Thinking defines critical thinking as the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from or generated by, observation, experience, reflection, reasoning or communication, as a guide to belief and action.Step 1: Stop protecting ourselves from criticism: Recently, a blogger in the cooperative movement expanded on an article where I critiqued the current status of credit unions working with co-ops, saying:“Protecting ourselves, our projects, our movements, or even sectors of our movements from criticism is, eventually, disempowering. It means we tend not to get into the room together to talk with each other where we can identify what is and isn’t working and what we, together, can do about it.”So the critical thinking application here is simple. Are you asking yourself what is and isn’t working about your business, your partnerships, your branding or your goals?Step 2: Identify what change is good:Are we holding on to the wrong things? Some credit unions have begun dropping “credit union” from their name. And it’s not looking like these credit unions are doing so in an attempt to break from the credit union identity and become more bank-like to seek deeper profits. These kind of rebranding efforts are borne from critical thinking and a desire to be something better than we are today, to truly use our differentiator to our advantage without accepting the burdensome disadvantages that often are infused into that differentiation.These credit unions are making hard choices and taking risks. They are asking themselves ‘are we being who we say we are, or are we just saying that’s who we are and acting surprised when the data shows consumers don’t know the difference between banks and credit unions? Is there something else we can do if other methods of differentiating aren’t working?’It’s an uncomfortable thought at first—that maybe credit unions won’t exist at all like they do today. But maybe we will discover something that will make us much more than what we are today.Step 3: Push into new territory:Here’s a great example. Cuba has been an increasingly big topic over the past few months as the U.S. works to repair diplomatic relations with our neighbor nation. And cooperatives, especially credit unions, are interested in getting in on the ground floor to position themselves as a fix for their country’s struggling economy. With the U.S. supposedly removing Cuba from the terrorism watch list, the opportunities absolutely are there, and similar efforts have been successful between credit unions and post-communist Poland.However, the industry would be fooling itself to believe there will not be significant challenges. The work, the political sensitivities, the regulatory uncertainty and the cultural barriers will certainly make efforts to develop financial cooperatives in Cuba very difficult. Yet if the industry deems this worthy work, I don’t doubt the likelihood for success.Questions must be asked however. Credit unions will not get by on their good community values and charm alone in Cuba. With the world watching and the potential to turn this into a huge success story for the entire cooperative model, there is pressure to step up and be the best credit unions can be.I will personally be following the story of credit union development in Cuba and documenting it for the rest of the cooperative industry to see because I think it is important and I want this industry to stay abreast of what’s going on. Watch along with NCBA CLUSA’s next trip to Cuba in August.All of the critical thinking credit unions need to do to navigate these serious and exciting new frontiers will certainly push us in the industry to try harder and have better reasoning and proof for showing not just THAT we are the best, but WHY we are the best.I’ll leave you with this. Everyone in the industry knows Ed Filene’s famous words, “Progress is the constant replacing of the best there is with something still better.” But to that sentiment I would like to add the words of the great Martin Luther King, Jr.: “Our lives begin to end the day we become silent about things that matter.” 18SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Holly Fearing Holly lives and breathes social media; if you can’t find her IRL, try reaching out on Twitter, LinkedIn, Facebook or Instagram, and you’ll likely get her right away. … Web: www.filene.org Detailslast_img read more