15.3. House Invasion Robbery

15.3 HOME INVASION ROBBERY 812.135, Fla. Stat. To prove the crime of Home Invasion Robbery, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] entered the dwelling of [name of victim]. 2. At the time[nam e of defendant] entered the dwelling, [name of defendant] intended to commit robbery. 3. While inside the dwelling, [name of defendant] did commit robbery. NOTE TO JUDGE: Now define robbery by reading the robbery instruction, omitting the sections regarding enhanced penalties. The following is the robbery instruction taken from the standard jury instructions and modified. ROBBERY F.S. 812.13 Robbery consists of the following four elements which must be proved beyond a reasonable doubt: 1. [Name of defendant] took the [deadly weapon described in charge] from the person or custody of [name of victim. ] 2. Force, violence, assault, or putting in fear was used in the course of the taking. 3. The property taken was of some value. 4. The taking was with the intent to permanently or temporarily deprive [name of victim] of the right to the property or any benefit from it or appropriate the property of [name of victim] to [name of defendant]s own use or to the use of any person not entitled to it. In the course of the taking ms that the act oean ccurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute continuous series of acts or events. In order for a taking of property to be robbery, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense. The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not <<<<<<<<<********>>>>>>>>>>>>> 2resist. The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear there must be som resistance to me ake the taking one done by force or violence. 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.