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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Aggravated Battery if 825.102(2)(a), Fla. Stat., is charged | 784.045 | 8.4 | |
| Abuse of An Elderly Person or Disabled Adult | 825.102(1) | 29.20 | |
| Felony Battery if 825.102(2)(a), Fla. Stat., is charged | 784.041(1) | 8.5 | |
| Battery if 825.102(2)(a), Fla. Stat., is charged | 784.03 | 8.3 | |
| Attempt | 777.04(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.