11.10(c) LEWD OR LASCIVIOUS MOLESTATION
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(c)
- Statute
- § 800.04(5), 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 Molestation, the State must prove the following three elements beyond a reasonable doubt:
Give 1a or 1b or both as applicable.
1. (Defendant),
a. in a lewd or lascivious manner, intentionally touched the [breasts] [genitals] [genital area] [buttocks] [clothing covering the breasts] [clothing covering the genitals] [clothing covering the genital area] [clothing covering the buttocks] of (victim).
b. in a lewd or lascivious manner, intentionally [forced] [enticed] (victim) to touch the [breasts] [genitals] [genital area] [buttocks] [clothing covering the breasts] [clothing covering the genitals] [clothing covering the genital area] [clothing covering the buttocks] of (defendant).
Give 2a or 2b as applicable.
2. At the time, (victim)
a. was 12 years of age or older but less than 16 years of age.
b. was less than 12 years of age.
Give 3a or 3b as applicable.
3. At the time, (defendant)
a. was 18 years of age or older.
b. was less than 18 years of age.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable. § 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 Molestation, 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 MOLESTATION; DEFENDANT 18 OR OVER; VICTIM LESS THAN 12 — 800.04(5)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Lewd or Lascivious Molestation; Defendant 18 or over; Victim 12 or over but less than 16 | 800.04(5)(c)2 | 11.10(c) | |
| Lewd or Lascivious Molestation; Defendant less than 18; Victim less than 12 | 800.04(5)(c)1 | 11.10(c) | |
| Lewd or Lascivious Molestation; Defendant less than 18; Victim 12 or over but less than 16 | 800.04(5)(d) | 11.10(c) | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated battery | 784.045(1) | 8.4 | |
| 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
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.