11.27 SEXUAL MISCONDUCT BY A[N] [INSERT APPROPRIATE POSITION OF THE DEFENDANT] UPON AN [INMATE] [OFFENDER]
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
- 11.27
- Statute
- § 944.35(3)(b)2., 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[n] (insert appropriate position of the defendant) upon an [Inmate] [Offender], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) engaged in sexual misconduct with (victim).
2 At the time, (defendant) was a[n] (insert appropriate position of the defendant).
3. At the time, (victim) was an [inmate] [offender supervised in the community by the Florida Department of Corrections].
Lesser-included offenses
As the instruction lists them, word for word.
SEXUAL MISCONDUCT BY A[n] [insert appropriate postion of the defendant] — 944.35(3)(b)2.
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Battery | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Criminal Charges Against Corrections Officers and Jail Staff
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.