Supreme Court of Florida

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No. SC17-2265

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IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—

REPORT 2017-11.

December 20, 2018

CORRECTED OPINION

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal 

Cases (Committee) has submitted proposed changes to the standard jury 

instructions and asks that the Court authorize the amended standard instructions for 

publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amending the following existing instructions: 8.3 

(Battery); 8.4 (Aggravated Battery); 8.4(a) (Aggravated Battery (Pregnant 

Victim)); 8.5 (Felony Battery); 8.11 (Battery on Law Enforcement Officer,

Firefighter, Etc.); 8.13 (Aggravated Battery on Law Enforcement Officer,

Firefighter, Etc.); 8.14 (Aggravated Battery on Person 65 Years of Age or Older); 

8.16 (Battery on Person 65 Years of Age or Older); and 8.20 (Battery on Facility

Employee). No comments were received by the Committee pertaining to the 
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proposals. The Court did not publish the proposals after they were filed. We 

hereby authorize the amended instructions 8.3, 8.4(a), 8.5, 8.11, 8.16, and 8.20 for 

publication and use as set forth in the appendix to this opinion.1 The more 

significant amendments to the instructions are discussed below.

Instructions 8.3, 8.4(a), 8.5, 8.11, and 8.16 are amended to clarify that a 

battery may occur even if the defendant does not touch the actual body of a victim, 

citing Clark v. State, 783 So. 2d 967 (Fla. 2001).

In addition, instruction 8.3 (Battery) is modified to add a new paragraph 

stating that if the reclassification in section 784.03(2), Florida Statutes (2018), was 

charged and the jury found the defendant guilty of battery, then the jury must 

further determine whether the State has proven beyond a reasonable doubt that the 

defendant was previously convicted of battery, aggravated battery, or felony 

battery. 

Next, instruction 8.16 (Battery on Person 65 Years of Age or Older) is 

updated to clarify that it is not necessary for the State to prove that the defendant 

knew or had reason to know the age of the victim, citing section 784.08(2), Florida 

Statutes (2018).

 

1. We decline to authorize the amendments to instructions 8.4, 8.13, and 

8.14 at this time. Instead, we have referred those proposed amendments back to 

the Committee to be considered in light of Shepard v. State, 43 Fla. L. Weekly 

S546 (Fla. Nov. 1, 2018).
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Last, instruction 8.20 (Battery on Facility Employee) is amended to reflect

the language in section 784.078, Florida Statutes (2018) (Battery of facility 

employee by throwing, tossing, or expelling certain fluids or materials). 

Accordingly, instruction 8.20 is amended to remove the “intentionally touched or 

struck” language that is used in other battery statutes, but is not found in section 

784.078, Florida Statutes. Instruction 8.20 is also amended to replace “had reason 

to know” with “reasonably should have known.” Further, instruction 8.20 is 

retitled from “Battery on Facility Employee” to “Battery on Facility Employee 

(Throwing, Tossing, or Expelling Certain Fluids or Materials).”

The amended criminal jury instructions, as set forth in the appendix to this 

opinion, are hereby authorized for publication and use.2 New language is indicated 

by underlining, and deleted language is indicated by struck-through type. In 

authorizing the publication and use of these instructions, we express no opinion on 

their correctness and remind all interested parties that this authorization forecloses 

neither requesting additional or alternative instructions nor contesting the legal 

 

2. The amendments as reflected in the appendix are to the Criminal Jury 

Instructions as they appear on the Court’s website at www.floridasupremecourt.org 

/jury_instructions/instructions.shtml. We recognize that there may be minor 

discrepancies between the instructions as they appear on the website and the 

published versions of the instructions. Any discrepancies as to instructions 

authorized for publication and use after October 25, 2007, should be resolved by 

reference to the published opinion of this Court authorizing the instruction.
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correctness of the instructions. We further caution all interested parties that any 

comments associated with the instructions reflect only the opinion of the 

Committee and are not necessarily indicative of the views of this Court as to their 

correctness or applicability. The instructions as set forth in the appendix shall be 

effective when this opinion becomes final.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, 

and LAWSON, JJ., concur.

ANY MOTION FOR REHEARING OR CLARIFICATION MUST BE FILED 

ON OR BEFORE DECEMBER 27, 2018. A RESPONSE TO THE MOTION 

FOR REHEARING/CLARIFICATION MAY BE FILED ON OR BEFORE 

JANUARY 2, 2019. NOT FINAL UNTIL THIS TIME PERIOD EXPIRES TO 

FILE A REHEARING/CLARIFICATION MOTION AND, IF FILED, 

DETERMINED.

Original Proceedings – Supreme Court Committee on Standard Jury Instructions in 

Criminal Cases

Judge F. Rand Wallis, Chair, Supreme Court Committee on Standard Jury 

Instructions in Criminal Cases, Daytona Beach, Florida; and Bart Schneider, Staff 

Liaison, Office of the State Courts Administrator, Tallahassee, Florida,

for Petitioner
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APPENDIX

8.3 BATTERY

§ 784.03, Fla._Stat.

To prove the crime of Battery, the State must prove the following 

element beyond a reasonable doubt:

Give 1 and/or 2 as applicabledepending on the charging document.

1. [(Defendant) actually and intentionally touched or struck (victim)

against [his] [her] will.]

2. [(Defendant) intentionally caused bodily harm to (victim).]

Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

An intentional touching or striking includes situations where a 

defendant knows that a touch or strike is substantially certain to result from 

his or her act.

Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001). 

A battery may be found as a result of the intentional touching or 

intentional striking of something other than the actual body of the person. 

However, the object that is touched or struck must have such an intimate 

connection with the person that it is to be regarded as a part or as an 

extension of the person. [For example, in cases where a person intentionally 

drove into another occupied vehicle, it is for you to determine whether the 

vehicle that was struck should be considered as a part or as an extension of 

the person inside that vehicle. This determination may include consideration 

about whether the person was “touched” through the force of impact by being 

jostled or otherwise impacted through the transfer of energy from the 

collision.] 

Give if the reclassification in § 784.03(2), Fla. Stat. was charged and if jury 

found the defendant guilty of Battery.

Now that you have found the defendant guilty of Battery, you must 

further determine whether the State has proven beyond a reasonable doubt 

that the defendant was previously convicted of [Battery] [Aggravated Battery] 
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[Felony Battery]. “Convicted” means a determination of guilt that was the 

result of a plea or a trial, regardless of whether adjudication was withheld or 

a plea of nolo contendere was entered.

Lesser Included Offenses

BATTERY — 784.03

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

None

Attempt 777.04(1) 5.1

Comment

This instruction was approved in 1981 and amended in 2018.

8.4(a) AGGRAVATED BATTERY (Pregnant Victim)

§ 784.045(1)(b), Fla. Stat.

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 bBattery.

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.

Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

An intentional touching or striking includes situations where a 

defendant knows that a touch or strike is substantially certain to result from 

his or her act.
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Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001). 

A battery may be found as a result of the intentional touching or 

intentional striking of something other than the actual body of the person. 

However, the object that is touched or struck must have such an intimate 

connection with the person that it is to be regarded as a part or as an 

extension of the person. [For example, in cases where a person intentionally 

drove into another occupied vehicle, it is for you to determine whether the 

vehicle that was struck should be considered as a part or as an extension of 

the person inside that vehicle. This determination may include consideration 

about whether the person was “touched” through the force of impact by being 

jostled or otherwise impacted through the transfer of energy from the 

collision.]

Lesser Included Offenses

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

 

Comment

This instruction was approved in 2007 [962 So. 2d 310] and amended in 

2018. See Small v State, 889 So.2d 862 (Fla. 1st DCA 2004).

8.5 FELONY BATTERY

§ 784.041(1), Fla._Stat.

To prove the crime of Felony Battery, the State must prove the 

following two elements beyond a reasonable doubt:

1. (Defendant) actually and intentionally touched or struck (victim)

against [his] [her] will; and

2. (Defendant) caused (victim) great bodily harm, permanent 

disability, or permanent disfigurement.
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Give only if applicable. Great bodily harm. Wheeler v. State, 203 So. 3d 

1007 (Fla. 4th DCA 2016).

“Great bodily harm” means great as distinguished from slight, trivial, 

minor, or moderate harm, and as such does not include mere bruises. 

Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

An intentional touching or striking includes situations where a 

defendant knows that a touch or strike is substantially certain to result from 

his or her act.

Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001). 

A battery may be found as a result of the intentional touching or 

intentional striking of something other than the actual body of the person. 

However, the object that is touched or struck must have such an intimate 

connection with the person that it is to be regarded as a part or as an 

extension of the person. [For example, in cases where a person intentionally 

drove into another occupied vehicle, it is for you to determine whether the 

vehicle that was struck should be considered as a part or as an extension of 

the person inside that vehicle. This determination may include consideration 

about whether the person was “touched” through the force of impact by being 

jostled or otherwise impacted through the transfer of energy from the 

collision.]

Lesser Included Offenses

FELONY BATTERY — 784.041(1)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

Battery 784.03 8.3

None

Comment

This instruction is based on the text of § 784.041, Fla.Stat. (1997), and 

generally patterned after the standard instructions on battery and aggravated 

battery.

This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2018.
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8.11 BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, 

ETC.

§ 784.07(2)(b), Fla. Stat.

To prove the crime of Battery on a [Law Enforcement Officer] 

[Firefighter] [Emergency Medical Care Provider] [Traffic Accident 

Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking 

Enforcement Specialist] [Security Officer Employed by the Board of Trustees 

of a Community College] [Law Enforcement Explorer] [Non-sworn Law 

Enforcement Agency Employee Certified as an Agency Inspector] [Blood 

Alcohol Analyst] [Breath Test Operator] [Railroad Special Officer] [Licensed 

Security Officer], the State must prove the following four elements beyond a 

reasonable doubt:

Give 1a and/or 1b depending on the charging document.

1. (Defendant) intentionally

a. [actually and intentionally touched or struck (victim) against

 [his] [her] will].

b. [intentionally caused bodily harm to (victim)].

2. (Victim) was a [law enforcement officer] [firefighter] 

[emergency medical care provider] [traffic accident 

investigation officer] [traffic infraction enforcement officer] 

[parking enforcement specialist] [security officer employed 

by the board of trustees of a community college] [law 

enforcement explorer] [non-sworn law enforcement agency 

employee who was certified as an agency inspector] [blood 

alcohol analyst] [breath test operator while such employee 

was in uniform and engaged in processing, testing, 

evaluating, analyzing, or transporting a person who was 

detained or under arrest for DUI] [railroad special officer] 

[licensed security officer who wore a uniform that bore at 

least one patch or emblem that was visible at all times that 

clearly identified the employing agency and that clearly 

identified the person as a licensed security officer].
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3. (Defendant) knew (victim) was a [law enforcement officer] 

[firefighter] [emergency medical care provider] [traffic 

accident investigation officer] [traffic infraction 

enforcement officer] [parking enforcement specialist] 

[security officer employed by the board of trustees of a 

community college] [law enforcement explorer] [non-sworn 

law enforcement agency employee who was certified as an 

agency inspector] [blood alcohol analyst] [breath test 

operator] [railroad special officer] [licensed security 

officer].

4. (Victim) was engaged in the lawful performance of [his] 

[her] duties when the battery was committed.

Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

An intentional touching or striking includes situations where a 

defendant knows that a touch or strike is substantially certain to result from 

his or her act.

Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001). 

A battery may be found as a result of the intentional touching or 

intentional striking of something other than the actual body of the person. 

However, the object that is touched or struck must have such an intimate 

connection with the person that it is to be regarded as a part or as an 

extension of the person. [For example, in cases where a person intentionally 

drove into another occupied vehicle, it is for you to determine whether the 

vehicle that was struck should be considered as a part or as an extension of 

the person inside that vehicle. This determination may include consideration 

about whether the person was “touched” through the force of impact by being 

jostled or otherwise impacted through the transfer of energy from the 

collision.]

For cases where the alleged victim is a law enforcement officer, do not refer 

to the victim by name when instructing on the sentence below. Instead, the 

instruction must state the class of officers to which the victim belongs, e.g., deputy 

sheriff, probation officer, correctional officer. See Wright v. State, 586 So. 2d 1024 

(Fla. 1991).

The court now instructs you that a (name of official position of victim 

designated in charge) is a law enforcement officer.
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For cases involving other types of victims, insert definitions from

§ 784.07(1)(a), Fla. Stat., as appropriate.

Lesser Included Offenses

BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC. 

— 784.07(2)(b)

CATEGORY ONE CATEGORY 

TWO

FLA. STAT. INS. NO.

Battery 784.03 8.3

Attempt 777.04(1) 5.1

Comments

See Spurgeon v. State, 114 So. 3d 1042 (Fla. 5th DCA 2013) (holding that a 

conviction for a violation of § 784.07(2), Florida Statutes, had to be vacated 

because the statute does not include physicians, employees, agents, or volunteers 

of facilities that do not satisfy the definition of a hospital under chapter 395).

This instruction was adopted in 1981 [431 So. 2d 594] and amended in 1992 

[603 So. 2d 1175], 1995 [657 So. 2d 1152], 2007 [962 So. 2d 310], 2008 [994 So. 

2d 1038], and 2015 [157 So. 3d 1027], and 2018.

8.16 BATTERY ON PERSON 65 YEARS OF AGE OR OLDER

§ 784.08(2)(c), Fla._Stat.

To prove the crime of Battery on a Person 65 Years of Age or Older, the 

State must prove the following two elements beyond a reasonable doubt:

Give 1a and/or 1b depending on the charging document.

1. (Defendant) intentionally [touched or struck (victim) against [his] 

[her] will] [caused bodily harm to (victim)].

a. actually and intentionally touched or struck (victim) against

 [his] [her] will.

b. intentionally caused bodily harm to (victim).
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2. (Victim) was at the time 65 years of age or older.

§ 784.08(2), Fla. Stat.

It is not necessary for the State to prove that (defendant) knew or had 

reason to know the age of (victim). 

Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

An intentional touching or striking includes situations where a 

defendant knows that a touch or strike is substantially certain to result from 

his or her act.

Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001). 

A battery may be found as a result of the intentional touching or 

intentional striking of something other than the actual body of the person. 

However, the object that is touched or struck must have such an intimate 

connection with the person that it is to be regarded as a part or as an 

extension of the person. [For example, in cases where a person intentionally 

drove into another occupied vehicle, it is for you to determine whether the 

vehicle that was struck should be considered as a part or as an extension of 

the person inside that vehicle. This determination may include consideration 

about whether the person was “touched” through the force of impact by being 

jostled or otherwise impacted through the transfer of energy from the 

collision.]

Lesser Included Offenses

BATTERY ON PERSON 65 YEARS OF AGE OR OLDER —

784.08(2)(c)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

Battery 784.03 8.3

Attempt 777.04(1) 5.1

Comment

This instruction was adopted in 1997 [697 So. 2d 84] and amended in 2018.
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8.20 BATTERY ON FACILITY EMPLOYEE (THROWING, TOSSING, OR 

EXPELLING CERTAIN FLUIDS OR MATERIALS)

§ 784.078, Fla._Stat.

To prove the crime of Battery on a Facility Employee, the State must 

prove the following five elements beyond a reasonable doubt:

1. (Defendant) was detained in a facility.

2. (Defendant) intentionally touched or struck or attempted to touch 

or strike (victim) against [his] [her] will by throwing, tossing, or 

expellingcaused or attempted to cause (victim) to come into 

contact with blood, saliva, masticated food, regurgitated food,

seminal fluid, urine, or feces at(victim)by throwing, tossing, or 

expelling such fluid or material.

3. (Defendant) intended did so with the intent to harass, annoy, 

threaten, or alarm (victim).

4. (Victim) was a facility employee.

5. (Defendant) knew (victim) or had reason to knowreasonably 

should have known that (victim) was a facility employee.

Definitions.

§ 784.078(1), Fla. Stat. Additional definitions of the specific type of facility 

can be found in other statutes.

A “facility” is any state correctional institution, private correctional 

facility, county, municipal, or regional jail or other detention facility of local 

government, or any secure facility operated and maintained by the 

Department of Corrections or the Department of Juvenile Justice.

§ 784.078(2), Fla. Stat.

An “employee” is any person [employed by or performing contractual 

services for a public or private entity operating a facility] [or] [employed by or 

performing contractual services for the corporation operating the prison 

enhancement programs or the correctional work programs] [or] [who is a 

parole examiner with the Florida Parole Commission on Offender Review].
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Lesser Included Offenses

BATTERY ON FACILITY EMPLOYEE — 784.078

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

None

Battery 784.03(1)(a) 8.3

Assault 784.011 8.1

Comment

This instruction was adopted in 2003 [850 So. 2d 1272] and 2018.