11.5 SOLICITATION OF A CHILD TO ENGAGE IN AN ACT THAT CONSTITUTES SEXUAL BATTERY BY A PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY**
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
- 11.5
- Statute
- § 794.011(8)(a), 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 Solicitation of a Child to Engage in an Act that Constitutes Sexual Battery by a Person in Familial or Custodial Authority, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) solicited (victim) to engage in a Sexual Battery.
2. At the time, (victim) was less than 18 years of age.
3. At the time, (defendant) was in a position of familial or custodial authority to (victim).
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
§ 775.0862, Fla. Stat.
Enhancement for sexual offense against student by school authority figure.
If you find that (defendant) committed the crime of Solicitation of a Child to Engage in an Act that Constitutes Sexual Battery by a Person in Familial or Custodial Authority, 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.
SOLICITATION OF A CHILD TO ENGAGE IN AN ACT THAT CONSTITUTES SEXUAL BATTERY BY PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY — 794.011(8)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Lewd or lascivious battery* | 800.04(4)(a)2.* | 11.10(b)* | |
| Written Solicitation of Certain Minors to Commit a Lewd or Lascivious Act | 794.053 | 11.7(b) |
Related practice page
Sexual Battery by a Family Member or Custodian, and Incest, 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.