25.18. Contraband In Juvenile Facility
This is a Florida Jury Instructions form that can be used for 25 Drug Abuse within Criminal.
Last updated: 2/28/2006
25.18 CONTRABAND IN JUVENILE FACILITY 985.4046, Fla. Stat. ] of Contraband in a Juvenile Detention Facility, the State must prove the following two elements beyond a reasonable doubt: 1. ntraband into] [knowingly possessed contraband in] [gave contraband to a juvenile offender in] [took mpted to take or send contraband from] [sent contraband to] [ a juvenile detention facility.] [a juvenile commitment program.] 2. The defendant did not do so as authorized by the [program policy] [operating procedure] [facility superintendent] [program director] [manager]. Introduce means to put inside or into. Possession may be actual or constructive. Actual possession means: (a) the thing is in the hand of or on the person, or (b) the thing is in a container in the hand of or on the person, or (c) the thing is so close as to be withready reach and is underin the control of the person. Give if applicable: Mere proximity to a thing is not sufficient to establish control over that thing when the thing is not in a place over which the person has control. Constructive possession mis in a place over which the persoeans the thing n has control, or in which the person has concealed it. Give if applicable: If a thing is in a place over which the person does not have control, in order to establish constructive possession, the State must prove the persons (1) control over the thing, (2) knowledge that the thing was within the persons presence, and (3) knowledge of the illicit nature of the thing. For purposes of this offense, contraband means: <<<<<<<<<********>>>>>>>>>>>>> 2 [any unauthorized article of food or clothing.] [any intoxicating beverage or any beverage that causes or may cause an intoxicating effect.] [any controlled substance. [Substance alleged] is a controlled substance.] [any prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect.] [any firearm or weapon of any kind or any explosive substance.] Give as applicable: A juvenile detention facility is a facility used pending court adjudication or disposition or execution of a court order for the temporary care of a child alleged or found to have committed a violation of law. A juvenile commitment program is a facility used for the commitment of adjudicated delinquents.