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 ONECATEGORY TWOFLA. STAT.INS. NO.
None
Battery784.038.3
Attempted Battery777.04, 784.035.1, 8.3
Assault784.0118.1
Attempted Assault777.04, 784.0115.1, 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.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp