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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Unnatural and lascivious act* | 800.02* | 11.8* | |
| Attempt | 777.04(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.