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 ONECATEGORY TWOFLA. STAT.INS. NO.
None
Battery784.038.3
Attempt777.04(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.

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