Last updated: 2/28/2006
21.2. Resisting Officer Without Violence
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Description
21.2 RESISTING OFFICER WITHOUT VIOLENCE 843.02, Fla. Stat. To prove the crime of Resisting Officer Without Violence, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] [resisted] [obstructed] [opposed] [name of victim. ] 2. At the time[nam e of victim] was engaged in the [execution of legal process] [lawful execution of a legal duty]. 3. At the time [name of victim] was an officer. me of official position of victim The court now instructs you that every [name of official position of victim 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, 1031 (Fla. 1991). The court further instructs you that [rconstitutes [execution of legal process] [lawful execution of a legal duty]. NOTE TO JUDGE: In giving this instruction, refer only to the type of duty or legal process that was being performed, e.g., making an arrest, serving a subpoena, serving a domestic violence order. See Hierro v. State, 608 So. 2d 912 (Fla. 3d DCA 1992).
