11.31 LEWD OR LASCIVIOUS IMAGES

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
11.31
Statute
§ 800.045(3), 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 Lewd or Lascivious Images, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) knowingly [solicited] [possessed] [controlled] [and intentionally viewed] a[n] [photograph] [motion picture] [exhibition] [show] [representation] [image] [data] [computer depiction] [presentation].

2. The [photograph] [motion picture] [exhibition] [show] [representation] [image] [data] [computer depiction] [presentation] contained, in whole or in part, a lewd or lascivious image

3. At the time, (defendant) knew that the [photograph] [motion picture] [exhibition] [show] [representation] [image] [data] [computer depiction] [presentation] contained a lewd or lascivious image.

Lesser-included offenses

As the instruction lists them, word for word.

Lewd or lascivious images — 800.045(3)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(1)5.1

Related practice page

Child Pornography (CSAM) Transmission and Lewd Image Charges 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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