8.20 BATTERY ON FACILITY EMPLOYEE (THROWING, TOSSING, OR EXPELLING CERTAIN FLUIDS OR MATERIALS)
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
- 8.20
- Statute
- § 784.078, 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 Facility Employee, the State must prove the following five elements beyond a reasonable doubt:
1. (Defendant) was detained in a facility.
2. (Defendant) caused or attempted to cause (victim) to come into contact with blood, saliva, masticated food, regurgitated food, seminal fluid, urine, or feces by throwing, tossing, or expelling such fluid or material.
3. (Defendant) did so with the intent to harass, annoy, threaten, or alarm (victim).
4. (Victim) was a facility employee.
5. (Defendant) knew (victim) or reasonably should have known that (victim) was a facility employee.
Lesser-included offenses
As the instruction lists them, word for word.
BATTERY ON FACILITY EMPLOYEE — 784.078
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Battery | 784.03(1)(a) | 8.3 | |
| Assault | 784.011 | 8.1 |
Related practice page
Battery by a Detainee and Bodily-Fluid Battery 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.