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. [Name of defendant] intentionally and unlawfully threatened, either by word or act, to do violence to [name of victim]. 2. At the time[nam e of defendant] appeared to have the ability to carry out the threat. 3. The act of [name of defendant] created in the mind of [name of victim a ] well-founded fear that the violence was about to take place. 4. [Name of victim] was at the time 65 years of age or older.