8.13. Aggravated Battery Of Law Enforcement Officer Or Firefighter

8.13 AGGRAVATED BATTERY OF LA W ENFORCEMENT OFFICER OR FIREFIGHTER 784.07(2)(d), Fla. Stat. To prove the crime of Aggravated Battery of a [Law Enforcement Officer] [Firefighter], the State must prove the following five elements beyond a reasonable doubt. The first element is a definition of battery. 1. [Name of defendant] me of victim] name of [intentionally touched or struck [name of victim] 2. [Name of defendant] in committing the battery me of rmanent disability to manent d [great bodily harm to [name of b. [used a deadly weapon.] 3. [Name of victim] was a [law en me of ent officer] [firefighter]. 5. [Name of victim] was engaged in the lawful performance of [his] [her] duties when the battery was committed against [him] [her]. e of official position of victim designated The Court now instructs you that [name of A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. 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). 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). 5. [Name of victim] was at the time a [law enforcement officer] [firefighter]. <<<<<<<<<********>>>>>>>>>>>>> 2me of ent officer] [firefighter]. e of victim] was engaged in the lawful performance of [his] [her] duties. e of official position of victim designated The Court now instructs you that [name of Give if 4a alleged: A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. It is not necessary for the State to pr that the defove endant had intent to kill. 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).