11.3 SEXUAL BATTERY — UNDER SPECIFIED CIRCUMSTANCES

To prove the crime of Sexual Battery Under Specified Circumstances, the State must prove the following five 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 – 2g as applicable.

2. a. (Victim) was physically helpless to resist.

b. (Defendant) coerced (victim) to submit by threatening to use force or violence likely to cause serious personal injury on (victim) and (victim) reasonably believed (defendant) had the present ability to execute the threat.

c. (Defendant) coerced (victim) to submit by threat of retaliation against (victim) or any other person and (victim) reasonably believed that (defendant) had the ability to execute the threat in the future.

d. (Defendant), without prior knowledge or consent of (victim), administered or had knowledge of someone else administering to (victim) a narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitated (victim).

e. (Victim) was mentally defective and (defendant) had reason to believe this or had actual knowledge of that fact.

f. (Victim) was physically incapacitated.

g. (Defendant) was at the time a[n] (insert official title or position) and was a[n] [certified [law enforcement officer] [correctional officer] [correctional probation officer]] [elected official exempt from certification] [person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting] and the [officer] [official] [person] was acting in such a manner as to lead (victim) to reasonably believe that (defendant) was in a position of control or authority as an agent or employee of government.

3. (Defendant’s) act was committed without the consent of (victim).

Give 4a or 4b as applicable.

4. a. At the time, (victim) was 12 years of age or older [but younger than 18 years of age].

b. At the time, (victim) was 18 years of age or older.

Give 5a or 5b as applicable.

5. a. At the time, (defendant) was 18 years of age or older.

b. At the time, (defendant) was younger than 18 years of age.

§ 775.0862, Fla. Stat.

Enhancement for sexual battery against student by school authority figure.

Applicable only to §§ 794.011(4)(b), (4)(c), and (4)(d), Fla. Stat.

If you find that (defendant) committed the crime of Sexual Battery Under Specified Circumstances, you must also determine whether the State has proved beyond a reasonable doubt that (defendant) was an authority figure at a school and (victim) was a student at the same school.