FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 8.5(b)
BATTERY BY STRANGULATION
§ 784.031, Fla. Stat.
To prove the crime of Battery by Strangulation, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) knowingly and intentionally impeded the normal [breathing] [or] [circulation of the blood] of (victim), against [his] [her] will, [by applying pressure on the throat or neck of (victim)] [or] [by blocking the nose or mouth of (victim)].
2. In so doing, (Defendant) [created a risk of great bodily harm] [or] [caused great bodily harm] to (victim)].
Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).
“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
Lesser Included Offenses
BATTERY BY STRANGULATION – 784.031
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
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
f34a43847dbe7c29cb7f05f974988922e1849e700465e43c546babd87fc6f8f3
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