11.1 SEXUAL BATTERY — VICTIM LESS THAN 12 YEARS OF AGE
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 11.1
- Statute
- §§ 794.011(2)(a) and (2)(b), Fla. Stat.**
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Sexual Battery upon a Person Less Than 12 Years of Age, the State must prove the following three elements beyond a reasonable doubt:
Give as applicable.
1. a. (Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] penetrated or had union with the [anus] [female genitals**] [mouth] of the [(victim)] [(defendant)].
b. (Defendant) committed an act [upon] [with] (victim) in which the [anus] [female genitals**] of [(victim)] [(defendant)] [was] [were] penetrated by an object.
c. (Defendant) injured the sexual organ of (victim) in an attempt to commit an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] would have penetrated or would have had union with the [anus] [female genitals**] [mouth] of the [(victim)] [(defendant)].
d. (Defendant) injured the sexual organ of (victim) in an attempt to commit an act upon (victim) in which the [anus] [female genitals**] of (victim) would be penetrated by an object.
2. At the time, (victim) was less than 12 years of age.
Give 3a or 3b as applicable.
3. a. At the time, (defendant) was 18 years of age or older.
b. At the time, (defendant) was less than 18 years of age.
Lesser-included offenses
As the instruction lists them, word for word.
CAPITAL SEXUAL BATTERY — VICTIM UNDER 12, DEFENDANT 18 OR OVER — 794.011(2)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery | 784.03(1)(a)1. | 8.3 | |
| Sexual battery (Defendant less than 18, victim less than 12) | 794.011(2)(b) | 11.1 | |
| Sexual battery (Defendant 18 or older, victim 12 or older but less than 18) | 794.011(5)(a) | 11.4 | |
| Sexual battery (Defendant 18 or older, victim 18 or older) | 794.011(5)(b) | 11.4 |
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Sexual battery (Defendant younger than 18, victim 12 or older) | 794.011(5)(c) | 11.4 | |
| Lewd or lascivious battery (Victim 12 or older but less than 16) | 800.04(4)(a)1. | 11.10(a) | |
| Lewd or lascivious battery (Victim less than 16)* | 800.04(4)(a)2.* | 11.10(b)* | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated Battery | 784.045(1)(a) | 8.4 | |
| Felony Battery | 784.041(1) | 8.5 | |
| Aggravated assault | 784.021(1)(a) | 8.2 | |
| Battery | 784.03(1)(a)2. | 8.3 | |
| Assault | 784.011 | 8.1 |
Related practice page
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.