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 ONECATEGORY TWOFLA. STAT.INS. NO.
None
Battery784.03(1)(a)8.3
Assault784.0118.1

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.

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