8.16 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
- 8.16
- Statute
- § 784.08(2)(c), 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 Battery on a Person 65 Years of Age or Older, the State must prove the following two elements beyond a reasonable doubt:
Give 1a and/or 1b depending on the charging document.
1. (Defendant)
a. actually and intentionally touched or struck (victim) against [his] [her] will.
b. intentionally caused bodily harm to (victim).
2. (Victim) was at the time 65 years of age or older.
Lesser-included offenses
As the instruction lists them, word for word.
BATTERY ON PERSON 65 YEARS OF AGE OR OLDER — 784.08(2)(c)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 |
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.