Eric J. Dirga, P.A.

A Florida Trial Attorney

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Jury Instructions For Sale of Counterfeit Drugs

Sale Of A Substance In Place Of A Controlled Substance

Selling A Counterfeit Substance As If It Were An Illegal Drug; Jury Instruction

Last Updated: May 27, 2016

25.1 SALE OF A SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE

§ 817.563, Fla.Stat.

To prove the crime of Sale of a Substance in Place of a Controlled Substance, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) without legal authority agreed, consented, or offered to sell (substance prohibited by § 893.03, Fla.Stat.).

2. (Defendant) did sell a different substance in place of (substance prohibited by § 893.03, Fla.Stat.).

Definition

"Sell" means the actual transfer or delivery of something to another person in exchange for money or something of value.

Lesser Included Offenses

SALE OF SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE — 817.563
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
None - - -
Attempt - 777.04(1) 5.1

Comment: This instruction was adopted in 1995.



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