8.33 BATTERY BY [THROWING] [TOSSING] [PROJECTING] [EXPELLING] [BLOOD] [SEMINAL FLUID] [URINE] [OR] [FECES] ON A CHILD
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
- 8.33
- Statute
- § 784.085, 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 by [Throwing] [Tossing] [Projecting] [Expelling] [Blood] [Seminal Fluid] [Urine] [or] [Feces] on a Child, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) [knowingly caused] [or] [attempted to cause] (victim) to come into contact with [blood] [seminal fluid] [urine] [or] [feces].
2. (Defendant) did so by [throwing] [tossing] [projecting] [or] [expelling] such [fluid] [or] [material[s]].
3. At the time, (victim) was under 18 years of age.
Lesser-included offenses
As the instruction lists them, word for word.
BATTERY BY [THROWING] [TOSSING] [PROJECTING] [EXPELLING] [BLOOD] [SEMINAL FLUID] [URINE] [OR] [FECES] ON A CHILD — 784.085
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Battery | 784.03 | 8.3 | |
| Attempted Battery | 777.04, 784.03 | 5.1, 8.3 | |
| Assault | 784.011 | 8.1 | |
| Attempted Assault | 777.04, 784.011 | 5.1, 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.