11.11 LEWD OR LASCIVIOUS [BATTERY] [MOLESTATION] [EXHIBITION] COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON
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
- 11.11
- Statute
- § 825.1025, 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] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an [Elderly Person] [Disabled Person], the State must prove the following three elements beyond a reasonable doubt:
Give 1a, 1b, or 1c as applicable.
1. a. (Defendant) committed Lewd and Lascivious Battery by encouraging, forcing, or enticing (victim) to engage in [sadomasochistic abuse] [sexual bestiality] [prostitution] [any act involving sexual activity].
b. (Defendant) committed Lewd and Lascivious Molestation of (victim) by intentionally touching, in a lewd and lascivious manner, [his] [her] [breasts] [genitals] [genital area] [buttocks] [clothing covering [his] [her] [breasts] [genitals] [genital area] [buttocks]].
c. (Defendant) committed Lewd and Lascivious Exhibition to (victim) by intentionally [masturbating] [exposing [his] [her] genitals in a lewd or lascivious manner] [committing any other lewd or lascivious act not involving physical or sexual contact with (victim) including but not limited to [sadomasochistic abuse] [sexual bestiality] [the simulation of any act involving sexual activity]].
2. At the time, (victim) was [an elderly] [a disabled] person.
The bracketed portion of element #3 pertains only to element 1c.
3. At the time, (defendant) knew or reasonably should have known that (victim) lacked the capacity to consent or failed to give consent [to have the act committed in [his] [her] presence].
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 Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an [Elderly] [Disabled] Person, 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.
11.11 LEWD OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON – 825.1025
| CATEGORY ONE | CATEGORY TWO | FLA._STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 | |
| Assault | 784.011 | 8.1 | |
| Battery | 784.03 | 8.3 | |
| Exposure of sexual organs | 800.03 | 11.9 | |
| 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.