29.14. Taking Deer or Wild Turkey With Gun And Light | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Criminal   29 Miscellaneous Crimes 
29.14. Taking Deer or Wild Turkey With Gun And Light | Pdf Doc Docx | Florida_JI

Last updated: 2/28/2006

29.14. Taking Deer or Wild Turkey With Gun And Light

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Description

29.14 Taking Deer/Wild Turkey With Gun And Light 372.99(1), Fla. Stat. To prove the crime of Taking [Deer] [Wild Turkey] with Gun and Light, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] did take any [deer] [wild turkey]. 2. [Name of defendant] used a gun and light in such taking. Take shall include taking, attemng to take, pursuing, hunting, mpti olesting, capturing, or killing any ld ttheir nests or eggs]urkey, or , by any means, whether or not such actions result in obtaining possession of such ey or their nests or eggs]. Gun means a shotgun, rifle, pistol, revolver, air gun, gas gun, blow gun, bow, crossbow, or any other device mechanically propelling an arrow, spear, or other projectile. Light means any artificial light. Possession means any one of the following: 1. Manual possession 2. Physical possession 3. Control or custody 4. Possession in ones clothing, attire, or equipment 5. Possession in or about a vessel, vehicle or beast of burden under ones custody or control, including but not limited to compartments, drawers, pockets, trunks, and similar places in and about such vessel, vehicle, or beast of burden. e of defendant] displayed or used a light in a place where [deer] [wild turkey] might be found and in a manner capable of disclosing the presence of [deer] [wild tu [namrkey], and thate of defendant] possessed a firearm or other weapon customarily used for the taking of [deer] [wild turkey], between one hour after sunset and one hour before sunrise, then this would be sufficient by itself to establish that [name of defendant] was taking or attempting to take [deer] [wild turkey] by use of a gun and light. However, such evidence may be contradicted or rebutted by other evidence.

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