3.3(f). Aggravation of a Felony by Evidencing Prejudice

3.3(f) AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE 775.085, Fla. Stat. The punishment provided by law for the crime of [crime charged] is greater if defendant was motivated by prejudice to commit the crime. Therefore, if you find defendant guilty of[crim e charged] you must then consider defendants alleged motivation in committing the crime. If the State has proven the crime of [crime charged] and if the State has proven beyond a reasonable doubt that [name of defendant]: 1. onable ground to perceive or know perceived, knew, or had reas me of victim]s [race] [color] [ancestry] [ethnicity] [religion] [sexual orientation] [national origin] [mental disability] [physical disability] [advanced age], and 2. intentionally selected the victimbecause of that p erception or knowledge, you should find that [name of defendant was motivated by prejudice to ] commit the crime. If the State has proven the crime of [crime charged] beyond a reasonable doubt, but has not proven beyond a reasonable doubt that [name of defendant] was motivated by prejudice to commit the crime, then you should find [name of defendant] guilty of only [crime charged]. GIVE IF APPLICABLE: Mental or physical disability means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or mo physical or mental limre itations that restrict the victims ability to perform the normal activities of daily living. Advanced age means that the victim is older than 65 years of age.