8.21 [ASSAULT] [AGGRAVATED ASSAULT] [BATTERY] [AGGRAVATED BATTERY] BY A DETAINEE UPON [ANOTHER DETAINEE] [A VISITOR]

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
8.21
Statute
§ 784.082, 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 (insert crime), the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) was detained in a [prison] [jail] [detention facility].

2. At the time, (defendant) committed [an assault] [an aggravated assault] [a battery] [an aggravated battery] against (victim).

3. (Victim) was a [detainee] [visitor] in that facility.

Lesser-included offenses

As the instruction lists them, word for word.

See relevant instructions on offenses in element 2 for appropriate lesser-included offenses.

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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