The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to the Florida Supreme Court a report proposing amendments to jury instruction 8.21 ([Aggravated] Assault, Battery by a Detainee Upon Another Detainee or Visitor in Jail, Prison, or Other Detention Facility). The committee’s report is in response to a request by the court that the committee reconsider its proposal to amend instruction 8.21 filed under Case No. SC11-1313 in light of the court’s decision in Hopkins v. State, 37 Fla. L. Weekly S551 (Fla. Sept. 13, 2012). The court invites all interested persons to comment on the committees’ proposals, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 15, with a certificate of service verifying that a copy has been served on Judge Joseph Anthony Bulone, the Criminal Instructions Committee chair, c/o Bart Schneider, Office of the General Counsel, 500 S. Duval Street, Tallahassee 32399-1925, firstname.lastname@example.org. A separate request for oral argument should accompany the comment if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The chair has until May 6 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (September 13, 2004).
IN THE SUPREME COURT OF FLORIDA
IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES — REPORT NO. 2013-01, CASE NO. SC13-75
8.21 [ASSAULT] [AGGRAVATED ASSAULT] [BATTERY] [AGGRAVATED BATTERY] BY A DETAINEE UPON [ANOTHER DETAINEE] [A VISITOR]
§ 784.082, Fla. Stat.
To prove the crime of (insert crime), the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was detained in a [prison] [jail] [detention facility].
2. At the time, (defendant) committed [an assault] [an aggravated assault] [a battery] [an aggravated battery] against (victim).
3. (Victim) was a [detainee] [visitor] in that facility.
Give as applicable.
An assault is legally defined as (insert applicable portions of instruction 8.1).
An aggravated assault is legally defined as (insert applicable portions of instruction 8.2).
A battery is legally defined as (insert applicable portions of instruction 8.3).
An aggravated battery is legally defined as (insert applicable portions of instruction 8.4 and/or 8.4(a).
Lesser Included Offenses
See relevant instructions on offenses in Element #2 for appropriate lesser-included offenses.
This instruction was adopted in 2013.