11.4 SEXUAL BATTERY
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
- 11.4
- Statute
- §§ 794.011(5)(a), (5)(b), (5)(c), and (5)(d), 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 Battery, the State must prove the following four 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.
2. (Defendant’s) act was committed without the consent of (victim).
Give 3a or 3b as applicable.
3. 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 4a or 4b as applicable.
4. a. At the time, (defendant) was 18 years of age or older.
b. At the time, (defendant) was younger than 18 years of age.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
§ 775.0862, Fla. Stat.
Enhancement for sexual battery against student by school authority figure.
If you find that (defendant) committed the crime of Sexual Battery, 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.
Lesser-included offenses
As the instruction lists them, word for word.
SEXUAL BATTERY — DEFENDANT 18 OR OVER; VICTIM 12–LESS THAN 18 — WITHOUT FORCE — 794.011(5)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery | 784.03(1)(a)1. | 8.3 | |
| Sexual battery (Defendant 18 or older, victim 18 or older) | 794.011(5)(b) | 11.4 | |
| Sexual battery (Defendant younger than 18, victim 12 or older) | 794.011(5)(c) | 11.4 | |
| Lewd or lascivious battery (Victim 12 or older but less than 16) | 800.04(4)(a)1. | 11.10(a) | |
| Lewd or lascivious battery (Victim less than 16)* | 800.04(4)(a)2.* | 11.10(b)* | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated battery | 784.045(1) | 8.4 | |
| Felony battery | 784.041(1) | 8.5 | |
| Aggravated Assault | 784.021(1)(a) | 8.2 | |
| Battery | 784.03(1)(a)2. | 8.3 | |
| Assault | 784.011 | 8.1 |
Related practice page
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.