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FL · jury_instructions

Fla. Std. Jury Instr. (Crim.) 33.1

ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT]

activein force · 2026-07-29 – presentact-effective-date

§ 825.102(1), Fla. Stat.

To prove the crime of Abuse of [An Elderly Person] [A Disabled Adult], the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) knowingly or willfully abused (victim) by:

a. intentionally inflicting physical or psychological injury upon (victim).

b. committing an intentional act that could reasonably be expected to result in physical or psychological injury to (victim).

c. actively encouraging another person to commit an act that resulted in or could reasonably have been expected to result in physical or psychological injury to (victim).

2. At the time, (victim) was [an elderly person] [a disabled adult].

“Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.

“Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired.

[“Willfully” means intentionally and purposely.]

Lesser Included Offenses

ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] — 825.102(1)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Battery

784.03

8.3

Attempt

777.04(1)

5.1

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
8ab4fa423f0d0a3e4132d250d9fd63c994a301ef57c5079e279547354683f1a5
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Fla. Std. Jury Instr. (Crim.) 33.1 — ABUSE OF [AN ELD… · binding.law