10.13. Shooting Or Throwing Missiles In Dwelling | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Criminal   10 Weapons Offenses 
10.13. Shooting Or Throwing Missiles In Dwelling | Pdf Doc Docx | Florida_JI

Last updated: 2/28/2006

10.13. Shooting Or Throwing Missiles In Dwelling

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Description

10.13 SHOOTING OR THROWING MISSILES IN DWELLING 790.19, Fla. Stat. To prove the crime of [crime charged], the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] hrew a missile.] [hurled or projected a stone or other hard substance that would produce death or great bodily harmprojected a stone or other hard substance that would produce death or .] 2. [Name of defendant] did so ate building, occupied or unoccupied.] ] [within] [into] a pub lic or private bus.] railway car, caboose, cable railway car, street railway car, monorail car or vehicle of any kind that was being used or occupied by any person.] [[at] [within] [into] a boat, vessel, ship or barge lying in or plying the waters of this state.] ying through the air space of this state.] 3. The act was done wantonly or maliciously. "Wantonly" means consciously and intentionally, with reckless indifference to consequences and with the knowledge that damge is likely to be done to soma e person. "Maliciously" means wronally, without legal ongfully, intenti justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person. A "firearm" is legally deweapon (including a sfined as any tarter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime.

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