8.17 ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER
§ 784.08(2)(d), Fla. Stat.
To prove the crime of Assault on a Person 65 years of Age or Older, the State must prove the following four elements beyond a reasonable doubt:
1.	(Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
2.	At the time, (defendant) appeared to have the ability to carry out the threat.
3.	The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.
4.	(Victim) was at the time 65 years of age or older.
Lesser Included Offenses
ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER — 784.08(2)(d)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
Assault		784.011	8.1	
	Attempt	777.04(1)	5.1	
Comment
This instruction was adopted in 1997.