11.29 FAILURE OF AN EMPLOYEE OF THE DEPARTMENT OF CHILDREN AND FAMILIES TO COMPLY WITH SEXUAL MISCONDUCT REPORTING REQUIREMENTS
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
- 11.29
- Statute
- § 394.4593(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 on a Patient by an Employee of the Department of Children and Families, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) engaged in sexual misconduct with (victim).
2. At the time, (victim) was a patient [in the custody of the Department of Children and Families] [residing in a [receiving] [treatment] facility].
3. At the time, (defendant) was an employee of the Department of Children and Families.
Lesser-included offenses
As the instruction lists them, word for word.
SEXUAL MISCONDUCT ON A PATIENT BY AN EMPLOYEE OF THE DEPARTMENT OF CHILDREN AND FAMILIES — 394.4593(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Sexual battery | 794.011 | Chapter 11 instructions | |
| Unlawful sexual activity with certain minors | 794.03 | 11.7 | |
| Lewd or Lascivious crimes | Chapter 800 | Chapter 11 instructions | |
| 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.