11.12 INCEST
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
- 11.12
- Statute
- § 826.04, 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 Incest, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) was the (relationship alleged) of (defendant).
2. (Defendant) [married] [had sexual intercourse with] (victim).
3. At the time of the [marriage] [sexual intercourse], (defendant) knew (victim) was [his] [her] (relationship alleged).
Lesser-included offenses
As the instruction lists them, word for word.
INCEST — 826.04
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 | |
| Unnatural and lascivious act* | 800.02* | 11.8* |
Related practice page
Sexual Battery by a Family Member or Custodian, and Incest, 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.