¹ Statements by an owner or by anyone in control of the object concerning its use.

² The proximity of the object, in time and space, to a direct violation of this act the drug laws.

³ Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

⁴ The existence of any residue of controlled substances on the object.

⁵ Direct or circumstantial eEvidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom [he] [she] knows, or should reasonably know, intend to use the object to facilitate a violation of this act the drug laws. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act the drug laws shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

⁶ Instructions, oral or written, provided with the object concerning its use.

⁷ Descriptive materials accompanying the object which explain or depict its use.

⁸ Any advertising concerning its use.

⁹ The manner in which the object is displayed for sale. - 100 -

¹⁰ Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

¹¹ Direct or circumstantial eEvidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

¹² The existence and scope of legitimate uses for the object in the community.

¹³ Expert testimony concerning its use. - 104 - Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2007 [969 So. 2d 245] and 2014 [153 So. 3d 192] and 2016. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22, Fla. Stat. To prove the crime of Contraband in a County Detention Facility, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) had knowledge of the presence of an item. 2. (Defendant) Give as applicable. a. introduced the item into a county detention facility. b. possessed the item upon the grounds of a county detention facility. c. gave the item to an inmate of a county detention facility. d. received the item from an inmate of a county detention facility. e. took the item from a county detention facility. f. attempted to [take] [send] the item from a county detention facility. 3. The item was: Give as applicable. a. a written communication to give to or receive from an inmate. b. a recorded communication to give to or receive from an inmate. - 105 - c. currency or coin to give to or receive from an inmate. d. an article of [food] [clothing] to give to or receive from an inmate. e. a tobacco product. f. a cigarette. g. a cigar. h. a beverage that causes or may cause an intoxicating effect. i. a narcotic, hypnotic, or excitative drug or drug of any kind or nature. j. a controlled substance. k. a firearm. l. any instrumentality customarily used or which is intended to be used as a dangerous weapon. m. any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility. Definitions. Give in all cases. § 951.23(1)(a), Fla. Stat. “County detention facility” means a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor. § 951.23(1)(b), Fla. Stat. “County residential probation center” means a county-operated facility housing offenders serving misdemeanor sentences or first-time felony sentences. § 951.23(1)(d), Fla. Stat. - 106 - “Municipal detention facility” means a city jail, a city stockade, a city prison camp, and any other place except a county detention facility used by a municipality or municipal officer for the detention of persons charged with or convicted of violation of municipal laws or ordinances. Give as applicable. To “introduce” means to put inside or into. Give when the evidence involves an inmate who is not in the facility. It is unlawful to [give] [receive] a contraband item [to] [from] an inmate of a county detention facility even if the inmate was outside the facility at the time the contraband item was [given] [received]. Give if clothing is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Clothing” means things worn to cover the body and limbs. Give if currency is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Currency” means money or another commodity which is in circulation as a medium of exchange. Give if weapon is alleged. State v. Fleming, 606 So. 2d 1229 (Fla. 1stst DCA 1992). A “weapon” is an instrument that is designed and constructed for use as a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. Give if tobacco product is alleged. § 210.25(11), Fla. Stat. “Tobacco products” means loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing; but “tobacco products” does not include cigarettes or cigars. Give if cigarette is alleged. § 210.01(1), Fla. Stat. “Cigarette” means any roll for smoking, except one of which the tobacco is fully naturally fermented, without regard to the kind of tobacco or other substances used in the inner roll or the nature or composition of the - 107 - material in which the roll is wrapped, which is made wholly or in part of tobacco irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient. Give if a drug or controlled substance is alleged. A “drug of any kind” includes [nasal inhalators] [sleeping pills] [barbiturates] [a controlled substance]. (Name of drug or controlled substance) is a [drug] [controlled substance]. Give if firearm is alleged. § 790.001(6), Fla. Stat. “Firearm” means any weapon (including a starter 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] [any machine gun]. Give if possession is alleged. There are two ways to exercise control types of possession: actual possession and constructive possession. Actual possession. Actual possession means the person is aware of the presence of the object and a. the object is in the hand of or on the person, or b. the object is in a container in the hand of or on the person, or c. the object is so close as to be within ready reach and is under the control of the person. Constructive possession. Constructive possession means the person is aware of the presence of the object, the object is in a place over which the person has control, and the person has the ability to control the object. Give if applicable. Mere proximity to an object is not sufficient to establish the power and intention to control over that object when the object is in a place that the person does not control. Give if applicable. - 108 - In order to establish (defendant’s) constructive possession of an object that was in a place [he] [she] did not control, the State must prove (defendant) (1) knew that the object was within [his] [her] presence and (2) exercised control or ownership over the object itself. Joint possession. Possession of an object may be sole or joint, that is, two or more persons may be aware of the presence of an object and may jointly exercise control over it. In that case, each of those persons is considered to be in possession of that object. Inferences. Exclusive control. Henderson v. State, 88 So. 3d 1060 (Fla. 1stst DCA 2012); Meme v. State, 72 So. 3d 254 (Fla. 4thth DCA 2011). If you find that (defendant): a. had direct physical custody of the object, [or] b. was within ready reach of the object and the object was under [his] [her] control, [or] c. had exclusive control of the place where the object was located, you may infer that [he] [she] was aware of the presence of the substance and had the abilitypower and intention to control it. If (defendant) did not have exclusive control over the place where an object was located, you may not infer [he] [[she] had knowledge of the presence of the object or the ability power and intention to control it, in the absence of other incriminating evidence. Give if applicable. Duncan v. State, 986 So. 2d 653 (Fla. 4thth DCA 2008). However, you may infer that (defendant) knew of the presence of the object and had the ability power and intention to control it if [he] [she] had joint control over the place where the object was located, and the object was located in a common area in plain view and in the presence of the defendant. Affirmative defense: Lack of knowledge of illicit nature. Give if there is evidence that the defendant 1) did not know of the presence of the substance or 2) knew of the presence of the substance, but did not know of its illicit nature. § 893.101(2) and (3), Fla. Stat. Give if applicable. Lack of knowledge of the illicit nature of a controlled substance is a defense to possession of a controlled substance. Accordingly, the defendant is - 109 - not guilty of possessing a controlled substance if [he] [she] did not know of the illicit nature of the substance. You are permitted to presume infer that (defendant) was aware of the illicit nature of the controlled substance if you find that [he] [she] knew of the presence of the substance and exercised management, control, or ownership over the substance. If you are convinced beyond a reasonable doubt that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find [him] [her] guilty. If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find [him] [her] not guilty of possession of a controlled substance. Affirmative defense of permission. Give if the defendant has satisfied his or her burden of production. See Wright v. State, 442 So. 2d 1058 (Fla. 1 stst DCA 1983). It is a defense to the crime of Contraband in a County Detention Facility if the defendant used regular channels and was authorized by the sheriff or officer in charge of the detention facility to [introduce] [possess] [give] [receive] [take] [attempt to take or send] the contraband item [into] [from] the facility. The defendant has raised this defense. If you have a reasonable doubt as to whether the defendant used regular channels and had authorization from the sheriff or officer in charge of the detention facility, you should find [him] [her] not guilty. If the State proved beyond a reasonable doubt that the defendant did not use regular channels or did not have authorization from the sheriff or officer in charge of the detention facility, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. - 110 - Lesser Included Offenses CONTRABAND IN COUNTY DETENTION FACILITIES — 951.22 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of a 893.13(6) 25.7 Controlled Substance if a controlled substance is the contraband alleged Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1987 and amended in 1989 [543 So. 2d 1205] and 2014 [153 So. 3d 192] and 2016. 25.18 CONTRABAND IN JUVENILE [DETENTION FACILITY] [COMMITMENT PROGRAM] § 985.711, Fla. Stat. To prove the crime of Contraband in Juvenile [Detention Facility][Commitment Program], the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) had knowledge of the presence of an item. 2. (Defendant) Give as applicable. a. possessed an item while upon the grounds of a juvenile [detention facility] [commitment program]. b. introduced the item into or upon the grounds of a juvenile [detention facility] [commitment program]. - 111 - c. [took] [attempted to take] [sent] [attempted to send] an item from a juvenile [detention facility] [commitment program]. d. [transmitted] [attempted to transmit] an item to a juvenile offender into or upon the grounds of a juvenile [detention facility] [commitment program]. e. [caused] [attempted to cause] an item to be [transmitted to] [received by] a juvenile offender upon the grounds of a juvenile [detention facility] [commitment program]. 3. The item was: Give as applicable. a. an unauthorized article of [food] [clothing]. b. a beverage that causes or may cause an intoxicating effect. c. a controlled substance. (Name of controlled substance alleged) is a controlled substance. d. a prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect. e. a firearm. f. a weapon of any kind. g. an explosive substance. Definitions. Give as applicable. § 985.03(19), Fla. Stat. 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. “Introduce” means to put inside or into. - 112 - Give if clothing is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Clothing” means things worn to cover the body and limbs. Give if weapon is alleged. State v. Fleming, 606 So. 2d 1229 (Fla. 1stst DCA 1992). A “weapon” is an instrument that is designed and constructed for use as a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. Give if firearm is alleged. § 790.001(6), Fla. Stat. “Firearm” means any weapon (including a starter 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] [any machine gun]. Give if possession is alleged. There are two ways to exercise control types of possession: actual possession and constructive possession. Actual possession. Actual possession means the person is aware of the presence of the object and a. the object is in the hand of or on the person, or b. the object is in a container in the hand of or on the person, or c. the object is so close as to be within ready reach and is under the control of the person. Constructive possession. Constructive possession means the person is aware of the presence of the object, the object is in a place over which the person has control, and the person has the ability to control the object. Give if applicable. Mere proximity to an object is not sufficient to establish the power and intention to control over that object when the object is in a place that the person does not control. - 113 - Give if applicable. In order to establish (defendant’s) constructive possession of an object that was in a place [he] [she] did not control, the State must prove (defendant) (1) knew that the object was within [his] [her] presence and (2) exercised management, control, or ownership over the object itself. Joint possession. Possession of an object may be sole or joint, that is, two or more persons may be aware of the presence of an object and may jointly exercise control over it. In that case, each of those persons is considered to be in possession of that object. Inferences. Exclusive control. Henderson v. State, 88 So. 3d 1060 (Fla. 1stst DCA 2012); Meme v. State, 72 So. 3d 254 (Fla. 4thth DCA 2011). If you find that (defendant): a. had direct physical custody of the object, [or] b. was within ready reach of the object and the object was under [his] [her] control, [or] c. had exclusive control of the place where the object was located, you may infer that [he] [she] was aware of the presence of the substance and had the ability power and intention to control it. If (defendant) did not have exclusive control over the place where an object was located, you may not infer [he] [[she] had knowledge of the presence of the object or the ability power and intention to control it, in the absence of other incriminating evidence. Give if applicable. Duncan v. State, 986 So. 2d 653 (Fla. 4thth DCA 2008). However, you may infer that (defendant) knew of the presence of the object and had the ability power and intention to control it if [he] [she] had joint control over the place where the object was located, and the object was located in a common area in plain view and in the presence of the defendant. Affirmative defense: Lack of knowledge of illicit nature. Give if there is evidence that the defendant 1) did not know of the presence of the substance or 2) knew of the presence of the substance, but did not know of its illicit nature. § 893.101(2) and (3), Fla. Stat. Give if applicable. - 114 - Lack of knowledge of the illicit nature of a controlled substance is a defense to possession of a controlled substance. Accordingly, the defendant is not guilty of possessing a controlled substance if [he] [she] did not know of the illicit nature of the substance. You are permitted to presume infer that (defendant) was aware of the illicit nature of the controlled substance if you find that [he] [she] knew of the presence of the substance and exercised control or ownership over the substance. If you are convinced beyond a reasonable doubt that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find [him] [her] guilty. If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find [him] [her] not guilty of possession of a controlled substance. Affirmative defense of permission. Give if the defendant has satisfied his or her burden of production. See Wright v. State, 442 So. 2d 1058 (Fla. 1 stst DCA 1983). It is a defense to the crime of Contraband in Juvenile [Detention Facility] [Commitment Program] if the defendant was authorized through program policy or operating procedure or had the permission of the facility superintendent, program director, or manager of the [detention facility] [commitment program] to [possess] [introduce] [take] [attempt to take] [send] [attempt to send] [transmit] [attempt to transmit] [cause to transmit] [attempt to cause to transmit] the contraband item [into] [from] the facility. The defendant has raised this defense. If you have a reasonable doubt as to whether the defendant was authorized through program policy or operating procedure or had the permission of the facility superintendent, program director, or manager of the [detention facility] [commitment program], you should find [him] [her] not guilty of Contraband in a Juvenile [Detention Facility] [Commitment Program]. If the State proved beyond a reasonable doubt that the defendant did not have authorization through program policy or operating procedure or did not have the permission of the facility superintendent, program director, or manager of the [detention facility] [commitment program], you should find - 115 - [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses CONTRABAND IN JUVENILE FACILITY — 985.4046 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt (although 777.04(1) 5.1 some attempts are included as elements) Comment This instruction was adopted in March 2000 and amended in 2014 [153 So. 3d 192] and 2016. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(c) Fla. Stat. To prove the crime of Possession of Contraband [In] [Upon the Grounds of] a State Correctional Facility, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) possessed Give as applicable. a. [written or recorded communication] [currency or coin] [an article of [food][clothing]] that was [given or transmitted] [intended to be given or transmitted] to an inmate of a state correctional institution. b. [an intoxicating beverage] [a beverage which causes or may cause an intoxicating effect.] c. a controlled substance. (Name of controlled substance) is a controlled substance. - 116 - d. any prescription or non-prescription drug having a hypnotic, stimulating, or depressing effect. e. [a firearm] [a weapon of any kind] [an explosive substance]. f. any [cellular telephone] [portable communication device] intentionally and unlawfully introduced inside the secure perimeter of the state correctional institution. 2. At the time, (defendant) was [an inmate] [upon the grounds] of a state correctional facility. Give in all cases. § 944.02(8), Fla. Stat. “State correctional facility” means any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the Department of Corrections. Give if clothing is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Clothing” means things worn to cover the body and limbs. Give if currency is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Currency” means money or another commodity which is in circulation as a medium of exchange. Give if weapon is alleged. State v. Fleming, 606 So. 2d 1229 (Fla. 1stst DCA 1992). A “weapon” is an instrument that is designed and constructed for use as a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. Give if firearm is alleged. § 790.001(6), Fla. Stat. “Firearm” means any weapon (including a starter 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] [any machine gun]. - 117 - Give if portable communication device is alleged. § 944.47(1)(a)6, Fla. Stat. The term “portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the Internet or any other electronic device and which allows communications in any form. Such devices include, but are not limited to, portable two-way pagers, hand- held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDA’s, laptop computers, or any components of these devices which are intended to be used to assemble such devices. The term also includes any new technology that is developed for similar purposes. [Excluded from this definition is any device having communication capabilities which has been approved or issued by the department for investigative or institutional security purposes or for conducting other state business.] Possession. There are two ways to exercise control types of possession: actual possession and constructive possession. Actual possession. Actual possession means the person is aware of the presence of the object and a. the object is in the hand of or on the person, or b. the object is in a container in the hand of or on the person, or c. the object is so close as to be within ready reach and is under the control of the person. Constructive possession. Constructive possession means the person is aware of the presence of the object, the object is in a place over which the person has control, and the person has the ability to control the object. Give if applicable. Mere proximity to an object is not sufficient to establish the power and intention to control over that object when the object is in a place that the person does not control. Give if applicable. In order to establish (defendant’s) constructive possession of an object that was in a place [he] [she] did not control, the State must prove (defendant) - 118 - (1) knew that the object was within [his] [her] presence and (2) exercised control or ownership over the object itself. Joint possession. Possession of an object may be sole or joint, that is, two or more persons may be aware of the presence of an object and may jointly exercise control over it. In that case, each of those persons is considered to be in possession of that object. Inferences. Exclusive control. Henderson v. State, 88 So. 3d 1060 (Fla. 1stst DCA 2012); Meme v. State, 72 So. 3d 254 (Fla. 4thth DCA 2011). If you find that (defendant): a. had direct physical custody of the object, [or] b. was within ready reach of the object and the object was under [his] [her] control, [or] c. had exclusive control of the place where the object was located, you may infer that [he] [she] was aware of the presence of the substance and had the ability power and intention to control it. If (defendant) did not have exclusive control over the place where an object was located, you may not infer [he] [[she] had knowledge of the presence of the object or the ability power and intention to control it, in the absence of other incriminating evidence. Give if applicable. Duncan v. State, 986 So. 2d 653 (Fla. 4thth DCA 2008). However, you may infer that (defendant) knew of the presence of the object and had the ability power and intention to control it if [he] [she] had joint control over the place where the object was located, and the object was located in a common area in plain view and in the presence of the defendant. Affirmative defense: Lack of knowledge of illicit nature. Give if there is evidence that the defendant 1) did not know of the presence of the substance or 2) knew of the presence of the substance, but did not know of its illicit nature . § 893.101(2) and (3), Fla. Stat. Give if applicable. Lack of knowledge of the illicit nature of a controlled substance is a defense to the crime of Possession of a Controlled Substance. Accordingly, the defendant is not guilty of possessing a controlled substance if [he] [she] did not know of the illicit nature of the substance. - 119 - You are permitted to presume infer that (defendant) was aware of the illicit nature of the controlled substance if you find that [he] [she] knew of the presence of the substance and exercised control or ownership over the substance. If you are convinced beyond a reasonable doubt that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find [him] [her] guilty. If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find [him] [her] not guilty of possession of a controlled substance. Affirmative defense: Authorization. Give if the defendant has satisfied his or her burden of production. See Wright v. State, 442 So. 2d 1058 (Fla. 1 stst DCA 1983). It is a defense to the crime of Possession of Contraband [In] [Upon the Grounds of] a State Correctional Facility if the defendant was authorized by the officer in charge of the correctional institution to possess the item [in] [upon the grounds of] a state correctional institution. The defendant has raised this defense. If you have a reasonable doubt as to whether the defendant had authorization from the officer in charge of the correctional institution, you should find [him] [her] not guilty. If the State proved beyond a reasonable doubt that the defendant did not have authorization from the officer in charge of the correctional institution, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. - 120 - Lesser Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of a 893.13 25.7 Controlled Substance, if a controlled substance is the contraband alleged Possession of a 790.23 10.15 Firearm or a Concealed Weapon By a Convicted Felon, if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2014 [153 So. 3d 192] and amended in 2016. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(a), Fla. Stat. To prove the crime of [Introduction] [Removal] of Contraband [into] [from] a State Correctional Institution, the State must prove the following [three] [four] elements beyond a reasonable doubt: - 121 - 1. (Defendant) [introduced into or upon the grounds of] [took] [attempted to [take] [send]] an item [into] [from] a state correctional institution. 2. (Defendant) had knowledge of the presence of the item. 3. The item was: Give as applicable. a. a [written] [recorded] communication. b. [currency] [or] [coin]. c. an article of [food] [clothing]. d. an intoxicating beverage or a beverage which causes or may cause an intoxicating effect. e. a controlled substance. (Name of controlled substance) is a controlled substance. f. any prescription or nonprescription drug having a hypnotic, stimulating, or depressing effect. g. [a firearm] [a weapon of any kind] [an explosive substance]. h. any [cellular telephone] [or] [portable communication device] intentionally and unlawfully introduced inside the secure perimeter of a state correctional institution]. Give element #4 if element #3a, 3b, or 3c is given. 4. (Defendant) [gave or transmitted] [or] [intended to give or transmit] the [written communication] [recorded communication] [currency] [coin] [article of food] [article of clothing] to an inmate of the state correctional institution. Give in all cases. State Correctional Facility. § 944.02(8), Fla. Stat. “State correctional facility” means any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, - 122 - worked, or maintained, under the custody and jurisdiction of the Department of Corrections. Give if firearm is alleged. § 790.001(6), Fla. Stat. “Firearm” means any weapon (including a starter 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] [any machine gun]. Give if clothing is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Clothing” means things worn to cover the body and limbs. Give if currency is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5thth DCA 1995). “Currency” means money or another commodity which is in circulation as a medium of exchange. Give if weapon is alleged. State v. Fleming, 606 So. 2d 1229 (Fla. 1stst DCA 1992). A “weapon” is an instrument that is designed and constructed for use as a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla. Stat. “Portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the Internet or any other electronic device and which allows communications in any form. Such devices include, but are not limited to, portable two-way pagers, hand-held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDA’s, laptop computers, or any components of these devices which are intended to be used to assemble such devices. The term also includes any new technology that is developed for similar purposes. [Excluded from this definition is any device having communication capabilities which has been approved or issued by the department for investigative or institutional security purposes or for conducting other state business.] Affirmative defense: Lack of knowledge of illicit nature. Give if there is evidence that the defendant 1) did not know of the presence of the substance or - 123 - 2) knew of the presence of the substance, but did not know of its illicit nature. § 893.101(2) and (3), Fla. Stat. Give if applicable. Lack of knowledge of the illicit nature of a controlled substance is a defense to this charge. Accordingly, the defendant is not guilty of this charge if [he] [she] did not know of the illicit nature of the controlled substance. You are permitted to presume infer that (defendant) was aware of the illicit nature of the controlled substance if you find that [he] [she] knew of the presence of the substance and exercised control or ownership over the substance. If you are convinced beyond a reasonable doubt that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proven, you should find [him] [her] guilty. If you have a reasonable doubt as to whether (defendant) knew of the illicit nature of the controlled substance, you should find [him] [her] not guilty. Affirmative defense: Authorization. Give if the defendant has satisfied his or her burden of production. See Wright v. State, 442 So. 2d 1058 (Fla. 1stst DCA 1983). It is a defense to the crime of [Introduction] [Removal] of Contraband [into] [from] a State Correctional Institution if the defendant used regular channels and was authorized by the officer in charge of the correctional institution to [introduce] [take] [send] the item [into] [from] the state correctional institution. The defendant has raised this defense. If you have a reasonable doubt as to whether the defendant used regular channels and had authorization from the officer in charge of the correctional institution, you should find [him] [her] not guilty. If the State proved beyond a reasonable doubt that the defendant did not use regular channels or did not have authorization from the officer in charge of the correctional institution, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. - 124 - Lesser Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of a 893.13 25.7 Controlled Substance, if a controlled substance is the contraband alleged Possession of a 790.23 10.15 Firearm or a Concealed Weapon By a Convicted Felon, if a firearm or concealed weapon is the contraband alleged and and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Comment This instruction was adopted in 2014 [153 So. 3d 192] and amended in 2016. - 125 -