11.10(d) LEWD OR LASCIVIOUS CONDUCT

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(d)
Statute
§ 800.04(6), 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 Conduct, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b or both as applicable.

1. (Defendant)

a. intentionally touched (victim) in a lewd or lascivious manner.

b. solicited (victim) to commit a lewd or lascivious act.

2. At the time, (victim) was under the age of 16 years.

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.

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 Conduct, 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 CONDUCT, DEFENDANT 18 OR OLDER – 800.04(6)(b)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Lewd or lascivious conduct; defendant less than 18800.04(6)(c)11.10(d)
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 (if element 1a is charged)*800.02*11.8*

Related practice page

Sex Crimes Defense 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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