Fla. Std. Jury Instr. (Crim.) 8.13

[INSERT VICTIM’S JOB]

§ 784.07(2)(d), Fla. Stat.

To prove the crime of Aggravated Battery on a[n] [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Hospital Personnel] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer Employed by the Board of Trustees of a Community College] [Law Enforcement Explorer] [Non-sworn Law Enforcement Agency Employee Certified as an Agency Inspector] [Blood Alcohol Analyst] [Breath Test Operator] [Railroad Special Officer] [Licensed Security Officer] [Utility Worker], the State must prove the following five elements beyond a reasonable doubt. The first element defines the crime of Battery.

Give 1a or 1b or both as applicable.

1. (Defendant)

a. actually and intentionally touched or struck (victim) against [his] [her] will.

b. intentionally caused bodily harm to (victim).

Give 2a or 2b or both as applicable.

2. (Defendant), in committing the Battery,

a. intentionally or knowingly caused [great bodily harm] [permanent disability] [permanent disfigurement] to (victim).

b. used a deadly weapon.

3. (Victim) was a[n] [law enforcement officer] [firefighter] [emergency medical care provider] [hospital personnel] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] [law enforcement explorer] [non-sworn law enforcement agency employee who was certified as an agency inspector] [blood alcohol analyst] [breath test operator while such employee was in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who was detained or under arrest for DUI] [licensed security officer who wore a uniform that bore at least one patch or emblem that was visible at all times that clearly identified the employing agency and that clearly identified the person as a licensed security officer] [railroad special officer] [utility worker engaged in work on critical infrastructure].

4. (Defendant) knew (victim) was a[n] [law enforcement officer] [firefighter] [emergency medical care provider] [hospital personnel] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] [law enforcement explorer] [non-sworn law enforcement agency employee who was certified as an agency inspector] [blood alcohol analyst] [breath test operator] [railroad special officer] [licensed security officer] [utility worker].

5. (Victim) was engaged in the lawful performance of [his] [her] duties when the Battery was committed against [him] [her].

For cases where the alleged victim is a law enforcement officer, do not refer to the victim by name when instructing on the sentence below. Instead, the instruction must state the class of officers to which the victim belongs, e.g., deputy sheriff, probation officer, correctional officer. See Wright v. State, 586 So. 2d 1024 (Fla. 1991).

The Court instructs you that a (name of official position of victim designated in charge) is a law enforcement officer.

For cases involving other types of victims, insert definitions from § 784.07(1)(a)-(h), Fla. Stat., as appropriate. For utility workers, also insert definition of “critical infrastructure” from § 812.141, Fla. Stat.

Give if element 2b alleged.

A “deadly weapon” is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction.

Give if applicable.

An object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if it was used or threatened to be used in a manner likely to cause death or great bodily harm.

Give if applicable.

“Great bodily harm” means harm that is more than slight, trivial, minor, or moderate.

Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.

Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001).

A Battery may be found as a result of the intentional touching or intentional striking of something other than the actual body of the person. However, the object that is touched or struck must have such an intimate connection with the person that it is to be regarded as a part or as an extension of the person. For example, in cases where a person intentionally drove into another occupied vehicle, it is for you to determine whether the vehicle that was struck should be considered as a part or as an extension of the person inside that vehicle. This determination may include consideration about whether the person was “touched” through the force of impact by being jostled or otherwise impacted through the transfer of energy from the collision.

Lesser Included Offenses

AGGRAVATED BATTERY ON a[n] [LAW ENFORCEMENT OFFICER] [insert victim’s job] — 784.07(2)(d)

CATEGORY ONE

CATEGORY TWO

FLA. STAT

INS. NO.

Aggravated battery

784.045

8.4

Felony battery*

784.041*

8.5*

Battery on a law enforcement officer

784.07(2)(b)

8.11

Battery

784.03

8.3

Attempt

777.04(1)

5.1