8.4(a) AGGRAVATED BATTERY (PREGNANT VICTIM)
§ 784.045(1)(b), Fla. Stat.
To prove the crime of Aggravated Battery, the State must prove the following three elements beyond a reasonable doubt.  The first element is a definition of Battery.
Bracketed language depends on the charging document.
1.	(Defendant) [actually and intentionally touched or struck (victim) against her will] [intentionally caused bodily harm to (victim)].
2.	(Victim) was pregnant at the time.
3.	(Defendant) in committing the battery knew or should have known that (victim) was pregnant.
Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).
An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.
Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001). 
A battery may be found as a result of the intentional touching or intentional striking of something other than the actual body of the person. However, the object that is touched or struck must have such an intimate connection with the person that it is to be regarded as a part or as an extension of the person. [For example, in cases where a person intentionally drove into another occupied vehicle, it is for you to determine whether the vehicle that was struck should be considered as a part or as an extension of the person inside that vehicle. This determination may include consideration about whether the person was “touched” through the force of impact by being jostled or otherwise impacted through the transfer of energy from the collision.]
Lesser Included Offenses
AGGRAVATED BATTERY (PREGNANT VICTIM) – 784.045(1)(b)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
Battery		784.03 	8.3	
	Attempt	777.04(1)	5.1	
Comment
This instruction was approved in 2007 [962 So. 2d 310] and amended in 2018.