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

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
33.2
Statute
§ 825.102(2), Fla. Stat.
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

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

1. (Defendant)

a. committed Aggravated Battery upon (victim).

b. willfully tortured (victim).

c. maliciously punished (victim).

d. willfully and unlawfully caged (victim).

e. knowingly or willfully abused (victim) and in so doing caused great bodily harm, permanent disability, or permanent disfigurement.

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

In order to prove that an Aggravated Battery was committed, the State must prove the following two elements. The first element is a definition of Battery.

1. (Defendant) actually and intentionally [touched or struck (victim) against the will of (victim)] [or] [caused bodily harm to (victim)].

2. In so doing, (defendant) [intentionally or knowingly caused [great bodily harm] [permanent disability] [permanent disfigurement]] [or] [used a deadly weapon].

Lesser-included offenses

As the instruction lists them, word for word.

AGGRAVATED ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] — 825.102(2)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Aggravated Battery if 825.102(2)(a), Fla. Stat., is charged784.0458.4
Abuse of An Elderly Person or Disabled Adult825.102(1)29.20
Felony Battery if 825.102(2)(a), Fla. Stat., is charged784.041(1)8.5
Battery if 825.102(2)(a), Fla. Stat., is charged784.038.3
Attempt777.04(1)5.1

Related practice page

Elder and Disabled-Adult Abuse and Neglect Charges in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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