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 ONECATEGORY TWOFLA. STAT.INS. NO.
Soliciting for prostitution (only if prostitution is charged)796.07(2)(f)23.6
Aggravated battery784.045(1)8.4
Attempt777.04(1)5.1
Felony battery784.041(1)8.5
Aggravated assault784.021(1)(a)8.2
Battery784.038.3
Assault784.0118.1
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.

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