11.32 POSSESSION OF A LEWD OR LASCIVIOUS IMAGE WITH INTENT TO PROMOTE
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
- 11.32
- Statute
- § 800.045(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 Possession of a Lewd or Lascivious Image with Intent to Promote, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) possessed a[n] [photograph] [motion picture] [exhibition] [show] [representation] [presentation].
2. The [photograph] [motion picture] [exhibition] [show] [representation] [presentation] contained, in whole or in part, a lewd or lascivious image.
3. At the time of possession, (defendant) knew the [photograph] [motion picture] [exhibition] [show] [representation] [presentation] contained a lewd or lascivious image.
4. At the time of possession, (defendant) intended to promote the [photograph] [motion picture] [exhibition] [show] [representation] [presentation].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
You may, but are not required to, infer that (defendant) had the intent to promote the [photograph] [motion picture] [exhibition] [show] [representation] [presentation] if you find [he] [she] possessed three more copies of the [photographs] [motion pictures] [representations] [or] [presentations].
Lesser-included offenses
As the instruction lists them, word for word.
POSSESSION OF A LEWD OR LASCIVOUS IMAGE WITH INTENT TO PROMOTE — 800.045(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(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.