8.4(a) AGGRAVATED BATTERY (PREGNANT VICTIM)
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
- 8.4(a)
- Statute
- § 784.045(1)(b), 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 Aggravated Battery, the State must prove the following three elements beyond a reasonable doubt. The first element is a definition of Battery.
Bracketed language depends on the charging document.
1. (Defendant) [actually and intentionally touched or struck (victim) against her will] [intentionally caused bodily harm to (victim)].
2. (Victim) was pregnant at the time.
3. (Defendant) in committing the battery knew or should have known that (victim) was pregnant.
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED BATTERY (PREGNANT VICTIM) – 784.045(1)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Assault and Battery Defense in Miami · Domestic Violence Defense 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.