11.10(e) LEWD OR LASCIVIOUS EXHIBITION

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(e)
Statute
§ 800.04(7), 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 Exhibition, the State must prove the following four elements beyond a reasonable doubt:

Give as applicable.

1. (Defendant)

a. intentionally masturbated.

b. intentionally exposed [his] [her] genitals in a lewd or lascivious manner.

c. committed [a sexual act] [sadomasochistic abuse] [sexual bestiality] [the simulation of any act involving sexual activity] that did not involve actual physical or sexual contact with (victim).

2. The act was committed in the presence of (victim).

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

Give 4a or 4b as applicable.

4. 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 Exhibition, 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 EXHIBITION; DEFENDANT 18 OR OLDER — 800.04(7)(b)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Lewd or lascivious exhibition; defendant less than 18800.04(7)(c)11.10(e)
Attempt777.04(1)5.1
Exposure of Sexual Organs800.0311.9
Unnatural and lascivious act*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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