Arrestable Offenses / Crimes under Fla. Stat. 784.078
S784.078 3 - BATTERY - RENUMBERED. SEE REC # 7449 - F: T
S784.078 - BATTERY - RENUMBERED. SEE REC # 8824 - F: T
CopyCited 6 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799
...rmonize the statutes and to give effect to the Legislature’s intent.” Fla. Dep’t of State v. Martin,
916 So.2d 763, 768 (Fla.2005). For this analysis, we discuss three other battery statutes contained in chapter 784. See §§
784.076,
784.085,
784.078, Fla....
...ept a child ... [who] knowingly cause[s] or attempts] to cause a child to come into contact with” certain fluids or materials thereby commits a battery of a child, a third-degree felony. §
784.085(1),(2), Fla. Stat. (2007) (emphasis added). Under section
784.078, Florida Statutes (2007), the battery of a facility employee, a third-degree felony, occurs when any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility ... cause[s] or attempts] to cause such employee to come into contact with [specified fluids or materials]. §
784.078(3)(a), (b), Fla....
...944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice. § 784.078(1), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2120798
...843.02, Florida Statutes (2002). [1] In lower tribunal case number 05-9631, Lanier was charged with battery on a law enforcement officer, in violation of section
784.07(2)(b), Florida Statutes (2002), battery on a facility employee, in violation of section
784.078, Florida Statutes (2002), and threatening a public servant, in violation of section
838.021, Florida Statutes (2002)....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
...The option of the word “[with] (victim)” in 2a is provided to reflect the manner in which the crime was committed. See Coleman v. State,
484 So.2d 624 (Fla. 1st DCA 1986), at pages 627, 628. Proposal 5. A new instruction for battery on an employee of a correctional facility 8.20 BATTERY ON FACILITY EMPLOYEE §
784.078, Fla.Stat....
...contractual services for the corporation operating the prison enhancement programs or the correctional work programs] [or] [who is a parole examiner with the Florida Parole Commission]. *1292 Lesser Included Offenses BATTERY ON FACILITY EMPLOYEE — 784.078 CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida
...Instead, we have referred those proposed amendments back to
the Committee to be considered in light of Shepard v. State, 43 Fla. L. Weekly
S546 (Fla. Nov. 1, 2018).
-2-
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....
...This instruction was adopted in 1997 [
697 So. 2d 84] and amended in 2018.
- 12 -
8.20 BATTERY ON FACILITY EMPLOYEE (THROWING, TOSSING, OR
EXPELLING CERTAIN FLUIDS OR MATERIALS)
§
784.078, Fla._Stat.
To prove the crime of Battery on a Facility Employee, the State must
prove the following five elements beyond a reasonable doubt:
1....
...(Defendant) intended did so with the intent to harass, annoy,
threaten, or alarm (victim).
4. (Victim) was a facility employee.
5. (Defendant) knew (victim) or had reason to knowreasonably
should have known that (victim) was a facility employee.
Definitions.
§ 784.078(1), Fla....
...tution, private correctional
facility, county, municipal, or regional jail or other detention facility of local
government, or any secure facility operated and maintained by the
Department of Corrections or the Department of Juvenile Justice.
§ 784.078(2), Fla....
...enhancement programs or the correctional work programs] [or] [who is a
parole examiner with the Florida Parole Commission on Offender Review].
- 13 -
Lesser Included Offenses
BATTERY ON FACILITY EMPLOYEE — 784.078
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida
...Instead, we have referred those proposed amendments back to
the Committee to be considered in light of Shepard v. State, 43 Fla. L. Weekly
S546 (Fla. Nov. 1, 2018).
-2-
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....
...This instruction was adopted in 1997 [
697 So. 2d 84] and amended in 2018.
- 12 -
8.20 BATTERY ON FACILITY EMPLOYEE (THROWING, TOSSING, OR
EXPELLING CERTAIN FLUIDS OR MATERIALS)
§
784.078, Fla._Stat.
To prove the crime of Battery on a Facility Employee, the State must
prove the following five elements beyond a reasonable doubt:
1....
...(Defendant) intended did so with the intent to harass, annoy,
threaten, or alarm (victim).
4. (Victim) was a facility employee.
5. (Defendant) knew (victim) or had reason to knowreasonably
should have known that (victim) was a facility employee.
Definitions.
§ 784.078(1), Fla....
...tution, private correctional
facility, county, municipal, or regional jail or other detention facility of local
government, or any secure facility operated and maintained by the
Department of Corrections or the Department of Juvenile Justice.
§ 784.078(2), Fla....
...enhancement programs or the correctional work programs] [or] [who is a
parole examiner with the Florida Parole Commission on Offender Review].
- 13 -
Lesser Included Offenses
BATTERY ON FACILITY EMPLOYEE — 784.078
CATEGORY ONE CATEGORY TWO FLA....
