11.30 HARMFUL COMMUNICATION TO A MINOR

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
11.30
Statute
§ 847.01385, 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 Harmful Communication to a Minor, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) engaged in a pattern of communication to (victim)

2. The communication included explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement.

3. The communication was harmful to minors.

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

5. At the time, (victim) was less than 18 years of age.

Lesser-included offenses

As the instruction lists them, word for word.

There are a host of crimes in Chapter 847 related to distributing obscene materials to a minor. The parties should carefully review all Chapter 847 crimes to determine the appropriate lesser included offense.

Related practice page

Sending Harmful or Obscene Material to a Minor 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.

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