11.18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST

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
11.18
Statute
§ 491.0112, 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 Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) committed sexual misconduct with (victim).

2. At the time, (defendant) was a psychotherapist.

Give 3a or 3b as applicable.

3. a. At the time, (victim) was a client of (defendant).

b. (Victim) was a former client of (defendant) and the professional relationship was terminated primarily for the purpose of engaging in sexual contact.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Give if applicable. § 491.0112(2), Fla. Stat.

If you find the defendant guilty of Sexual Misconduct by a Psychotherapist, you must then determine whether the State has proven beyond a reasonable doubt that the crime was committed by means of therapeutic deception.

Lesser-included offenses

As the instruction lists them, word for word.

SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST — 491.0112

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Unnatural and lascivious act*800.02*11.8*
Attempt777.04(1)5.1

Related practice page

Sexual Misconduct Charges Against Therapists and DCF Staff 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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