8.11. Battery Of Law Enforcement Officer or Firefighter
This is a Florida Jury Instructions form that can be used for 08 Assault And Battery within Criminal.
Last updated: 2/28/2006
8.11 BATTERY OF LAW ENFORCEMENT OFFICER OR FIREFIGHTER 784.07(2)(b), Fla. Stat. To prove the crime of Battery of a [Law Enforcement Officer] [Firefighter], the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] intentionally [touched or struck (victim) against [his] [her] will.] [caused bodily harm to [name of victim].] 2. [Name of victim] was a [law enforcement officer] [firefighter]. 3. [Name of defendant] knew [name of victim] was a [law enforcement officer] [firefighter]. 4. [Name of victim] was engaged in the lawful performance of [his] [her] duties when the battery was committed. The court now instructs you that [name of official position of victim designated in charge] is a [law enforcement officer] [firefighter]. NOTE TO JUDGE: In giving this instruction, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So. 2d 1024 (Fla. 1991).