11.10(b) LEWD OR LASCIVIOUS BATTERY (ENCOURAGING, FORCING OR ENTICING)
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
- 11.10(b)
- Statute
- § 800.04(4)(a)2, 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 Lewd or Lascivious Battery, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) [encouraged] [forced] [or] [enticed] (victim) to engage in [any act involving sexual activity] [sadomasochistic abuse] [sexual bestiality] [prostitution].
2. At the time, (victim) was less than 16 years of age.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
§ 775.0862, Fla. Stat.
Reclassification for sexual offense against student by school authority figure.
If you find that (defendant) committed the crime of Lewd or Lascivious Battery, you must also determine whether the State has proved beyond a reasonable doubt that (defendant) was an authority figure at a school and (victim) was a student at the same school.
Lesser-included offenses
As the instruction lists them, word for word.
LEWD OR LASCIVIOUS BATTERY (ENCOURAGING, FORCING OR ENTICING) — 800.04(4)(a)2
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Soliciting for prostitution (only if prostitution is charged) | 796.07(2)(f) | 23.6 | |
| Aggravated battery | 784.045(1) | 8.4 | |
| Attempt | 777.04(1) | 5.1 | |
| Felony battery | 784.041(1) | 8.5 | |
| Aggravated assault | 784.021(1)(a) | 8.2 | |
| Battery | 784.03 | 8.3 | |
| Assault | 784.011 | 8.1 | |
| Unnatural and lascivious act* | 800.02* | 11.8* |
Related practice page
Lewd or Lascivious Offenses in Miami
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.