11.2 SEXUAL BATTERY — VICTIM 12 YEARS OF AGE OR OLDER — GREAT FORCE OR DEADLY WEAPON
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
- 11.2
- Statute
- § 794.011(3), 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 Battery upon a Person 12 Years of Age or Older with the Use of [a Deadly Weapon] [or] [Actual Physical Force Likely to Cause Serious Personal Injury], the State must prove the following four elements beyond a reasonable doubt:
Give 1a or 1b or both as applicable.
1. a. (Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] penetrated or had union with the [anus] [female genitals**] [mouth] of the [(victim)] [(defendant)].
b. (Defendant) committed an act [upon] [with] (victim) in which the [anus] [female genitals**] of [(victim)] [(defendant)] [was] [were] penetrated by an object.
Give 2a or 2b or both as applicable.
2. (Defendant), in the process,
a. used or threatened to use a deadly weapon.
b. used actual physical force likely to cause serious personal injury.
3. The act was done without the consent of (victim).
4. At the time, (victim) was 12 years of age or older.
Lesser-included offenses
As the instruction lists them, word for word.
SEXUAL BATTERY — VICTIM 12 YEARS OF AGE OR OLDER — GREAT FORCE OR DEADLY WEAPON — 794.011(3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery | 784.03(1)(a)1. | 8.3 | |
| Sexual battery (Defendant 18 or older, victim 12 or older but less than 18) | 794.011(5)(a) | 11.4 | |
| Sexual battery (Defendant 18 or older, victim 18 or older) | 794.011(5)(b) | 11.4 | |
| Sexual battery (Defendant younger than 18, victim 12 or older) | 794.011(5)(c) | 11.4 | |
| Lewd or lascivious battery (Victim 12 or older but less than 16) | 800.04(4)(a)1. | 11.10(a) | |
| Lewd or lascivious battery (Victim less than 16)* | 800.04(4)(a)2.* | 11.10(b)* | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated battery | 784.045(1)(a) | 8.4 | |
| Felony battery | 784.041(1) | 8.5 | |
| Aggravated assault | 784.021(1)(a) | 8.2 | |
| Battery | 784.03(1)(a)2. | 8.3 | |
| Assault | 784.011 | 8.1 |
Related practice page
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.