8.14 AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER
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
- 8.14
- Statute
- 784.08(2)(a), 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 Person 65 Years of Age or Older, the State must prove the following three elements beyond a reasonable doubt. The first element is a definition 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 to (victim)].
[permanent disability to (victim)].
[permanent disfigurement to (victim)].
b. used a deadly weapon.
3. (Victim) was at the time 65 years of age or older.
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER – 784.08(2)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT | INS. NO. |
|---|---|---|---|
| Aggravated battery | 784.045 | 8.4 | |
| Felony battery* | 784.041 | 8.5 | |
| Battery on person 65 years of age or older | 784.08(2)(c) | 8.16 | |
| Battery | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 | |
| Improper exhibition of dangerous weapons or firearms | 790.10 | 10.5 | |
| Discharging firearms in public | 790.15 | 10.6 |
Related practice page
Assault and Battery 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.