In re Standard Jury Instructions in Criminal Cases—Report 2017-11

• Decision Date: 20 December 2018
• Docket Number: No. SC17-2265,SC17-2265
• Citation: 260 So.3d 930 (Mem)
• Parties: IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2017-11.
• Court: Florida Supreme Court

260 So.3d 930 (Mem)

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2017-11.

No. SC17-2265

Supreme Court of Florida.

December 20, 2018

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

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 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).

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 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.

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 1and/or 2as 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] [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 ofbB attery.

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.

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 and amended in 2018.SeeSmall 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.

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...