Battery
Intentional touching or striking of another person against their will, or intentionally causing bodily harm.
Florida Statute
§ 784.03
Battery; felony battery
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Quick Summary
Battery generally involves intentional unwanted physical contact or intentionally causing bodily harm. A qualifying prior conviction—including resisting an officer with violence under the 2026 amendment—can make a second or subsequent battery a third-degree felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Simple Battery
F.S. § 784.03(1)
Actually and intentionally touching or striking another person against that person's will, or intentionally causing bodily harm.
Battery — Domestic Violence Designation
F.S. §§ 784.03(1); 741.28(2)
A simple battery committed by one family or household member against another. Domestic violence is a statutory designation; this record does not independently reclassify the simple-battery degree.
Repeat Battery
F.S. § 784.03(2)
A second or subsequent battery after one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence. The statute defines conviction to include a guilty determination despite withheld adjudication or nolo contendere plea.
Battery in Furtherance of Riot or Aggravated Riot
F.S. § 784.03(3)
Battery committed in furtherance of a riot or aggravated riot. The statute separately provides a sentencing-rank increase for an aggravated-assault or felony violation committed in that setting.
Battery on Specified Protected Personnel
F.S. § 784.07(2)(b)-(4)
Knowingly battering a covered law-enforcement, fire-rescue, hospital, transit, security, utility, or other person listed in the statute while that person is performing official duties. Additional mandatory minimum terms may apply to battery on a law enforcement officer committed in furtherance of a riot or when the offender possessed a qualifying firearm, destructive device, high-capacity semiautomatic firearm, or machine gun.
Battery on Person 65 or Older
F.S. § 784.08(2)(c)
Battery on a victim 65 years of age or older. Knowledge of the victim's age is not required for this reclassification.
Battery on Specified Official or Employee
F.S. § 784.081(2)(c), (3)
Battery on a covered school, education, sports, child-welfare, or health employee or official while knowing or having reason to know the victim's identity or position; sports-official timing limits apply.
Detained Person Batterying Visitor or Detainee
F.S. § 784.082(3)
A detained person battering a detention-facility visitor or another detainee.
Battery on Sexually Violent Predator Facility Staff
F.S. § 784.074(1)(c)
Battery on covered detention or commitment facility staff while the staff member performs lawful duties, with knowledge or reason to know the person's identity or employment.
Battery on Code Inspector
F.S. § 784.083
Battery on a code inspector while the inspector performs official duties, with knowledge or reason to know the victim's identity or employment.
Battery on Religious-Institution Grounds During a Religious Service
F.S. § 775.0861(2)-(3)
A qualifying battery committed on religious-institution property while the victim is there to participate in or attend a religious service.
Battery on Detention or Commitment Facility Staff or Juvenile Probation Officer
F.S. § 784.075
Battery on the staff member or juvenile probation officer identified in the statute.
DJJ Detainee Battery on Health Services Personnel
F.S. § 784.076
A juvenile committed to or detained by the Department of Juvenile Justice under a court order who commits battery on a person providing health services.
Detained Person: Battery of Facility Employee by Listed Fluids or Materials
F.S. § 784.078
A detained person, with the statutory intent and knowledge, causes or attempts to cause a covered facility employee to contact one of the listed fluids or materials.
Battery of a Child by Listed Fluids or Materials
F.S. § 784.085
A nonchild knowingly causes or attempts to cause a child to contact blood, seminal fluid, urine, or feces by the statutory methods.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Simple Battery
Florida Statute § 784.03(1)
Simple Battery
Florida Statute § 784.03(1)
The basic battery offense under Florida Statute § 784.03(1).
What to Establish
Intentional touching or striking against the victim's will, or intentionally causing bodily harm.
Important Charge Note
Generally classified as a first-degree misdemeanor under the circumstances provided by Florida law.
Battery With Prior Battery Conviction
Florida Statute § 784.03(2)
Battery With Prior Battery Conviction
Florida Statute § 784.03(2)
Battery committed by a person with the qualifying prior conviction history specified in § 784.03(2).
What to Establish
The State must establish the battery and the qualifying prior conviction requirements provided by the statute.
Important Charge Note
Classification depends on the statutory prior-conviction requirements and should be verified against the current statute.
Battery in Furtherance of a Riot
Florida Statute § 784.03(3)
Battery in Furtherance of a Riot
Florida Statute § 784.03(3)
Battery committed in furtherance of a riot or aggravated riot under the circumstances described in § 784.03(3).
What to Establish
The State must establish the underlying battery and the additional circumstances required by the statute.
Important Charge Note
Review the current statutory language and charging allegations for the applicable requirements.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
The State must prove one of the following statutory alternatives
The defendant actually and intentionally touched or struck the victim against the victim's will.
Plain language: The defendant intentionally made unwanted physical contact with the victim.
- Element 2OR — Alternative
The State must prove one of the following statutory alternatives
The defendant intentionally caused bodily harm to the victim.
Plain language: The defendant intentionally caused bodily harm.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.3
Battery
Florida Standard Jury Instruction for F.S. § 784.03.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Touching or Striking
Battery under Florida law includes intentional touching or striking of another person against that person's will.
Bodily Harm
Battery may also be committed by intentionally causing bodily harm to another person.
Additional Notes
Additional Notes
Quick Reference
Battery generally involves intentional unwanted touching, striking, or intentionally causing bodily harm.
Important
Verify the current Florida Statutes and applicable jury instructions before relying on this information for an official proceeding.