3.3(f) AGGRAVATION OF A CRIME BY SELECTING A VICTIM BASED ON PREJUDICE
§ 775.085, Fla. Stat. and § 775.0863, Fla. Stat.
If you find that (defendant) committed (crime charged or a lesser included crime) and you also find beyond a reasonable doubt that (defendant)
1.	perceived, knew, or had reasonable ground to perceive or know (victim’s) [race] [color] [ancestry] [ethnicity] [religion] [sexual orientation] [national origin] [homeless status] [mental or physical disability] [advanced age], and
2.	intentionally selected (victim) because of that perception or knowledge,
then you should find (defendant) guilty of (crime charged or lesser included crime) aggravated by the intentional selection of (victim) based on prejudice.
If you find that (defendant) committed (crime charged or a lesser included crime) beyond a reasonable doubt, but you are not convinced beyond a reasonable doubt that [he] [she] did so by intentionally selecting (victim) based on prejudice, then you should find [him] [her] guilty of only (crime charged or a lesser included crime). 
Definitions. Give if applicable.
§ 775.0863(1)(b), Fla. Stat.
“Mental or physical disability” means a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.
§ 775.085(1)(b)1, Fla. Stat.
“Advanced age” means that the person is older than 65 years of age.
§ 775.085(1)(b)2, Fla. Stat.
“Homeless status” means the person lacks a fixed, regular, and adequate nighttime residence; or has a primary nighttime residence that is either (1) a supervised publicly or privately operated shelter designed to provide temporary living accommodations or (2) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
Comments
Proof that the defendant intentionally selected the victim is required by State v. Stalder, 630 So. 2d 1072 (Fla. 1994).
This instruction was adopted in 1997 [697 So.2d 84] and amended in 2000 [765 So. 2d 692], 2007 [965 So. 2d 811], 2011 [73 So. 3d 136], and 2016.