8.13 AGGRAVATED BATTERY ON A[N] [LAW ENFORCEMENT OFFICER] [INSERT VICTIM’S JOB]
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
- 8.13
- Statute
- § 784.07(2)(d), 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 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].
Lesser-included offenses
As the instruction lists them, word for word.
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 |
Related practice page
Assault and Battery Defense in Miami · Violent Crimes Defense 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.