8.31 MALICIOUS [BATTERY] [OR] [INFLICTION OF CRUEL OR INHUMAN TREATMENT] CAUSING [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] BY A STATE CORRECTIONS DEPARTMENT EMPLOYEE UPON AN [INMATE] [OFFENDER]

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
8.31
Statute
§ 944.35(3)(a)2., 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 (name of crime), the State must prove the following five elements beyond a reasonable doubt:

Give as applicable.

1. (Defendant)

a. actually and intentionally touched or struck (victim) against [his] [her] will.

b. intentionally caused bodily harm to (victim).

c. inflicted cruel or inhuman treatment by neglect or otherwise.

2. (Defendant) did so with malicious intent.

3. At the time, (defendant) was an employee of the Florida Department of Corrections.

4. At the time, (victim) was an [inmate] [offender supervised in the community by the Florida Department of Corrections].

5. In so doing, (defendant) caused [great bodily harm] [permanent disability] [permanent disfigurement] to (victim).

Lesser-included offenses

As the instruction lists them, word for word.

MALICIOUS [BATTERY] [OR] [INFLICTION OF CRUEL OR INHUMAN TREATMENT] CAUSING [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] BY A STATE CORRECTIONS DEPARTMENT EMPLOYEE UPON AN [INMATE] [OFFENDER]— 944.35(3)(a)2.

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Malicious battery upon an inmate or offender (if element 1a or 1b is charged)944.35(3)(a)1.--
Battery (if element 1a or 1b is charged)784.038.3
Attempt777.04(1)5.1
Culpable negligence784.058.9

Related practice page

Criminal Charges Against Corrections Officers and Jail Staff

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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