11.6(a) ENGAGING IN AN ACT THAT [CONSTITUTED SEXUAL BATTERY] [INJURED THE SEXUAL ORGAN OF ANOTHER IN AN ATTEMPT TO COMMIT SEXUAL BATTERY] BY A PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY UPON A PERSON LESS THAN 12 YEARS OF AGE

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
11.6(a)
Statute
§ 794.011(8)(c), 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 Engaging in an Act That [Constituted Sexual Battery] [Injured the Sexual Organ of Another in an Attempt to Commit Sexual Battery] by a Person in Familial or Custodial Authority upon a Person Less Than 12 Years of Age, the State must prove the following three elements beyond a reasonable doubt:

Give as applicable.

1. a. (Defendant) engaged in 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) engaged in an act [upon] [with] (victim) in which the [anus] [female genitals**] of [(victim)] [(defendant)] [was] [were] penetrated by an object.

c. (Defendant) engaged in an act that injured the sexual organ of (victim) in an attempt to commit an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] would have penetrated or would have had union with the [anus] [female genitals**] [mouth] of the [(victim)] [(defendant)].

d. (Defendant) engaged in an act that injured the sexual organ of (victim) in an attempt to commit an act upon (victim) in which the [anus] [female genitals**] of (victim) would be penetrated by an object.

2. At the time, (defendant) was in a position of familial or custodial authority to (victim).

3. At the time, (victim) was less than 12 years of age.

Lesser-included offenses

As the instruction lists them, word for word.

ENGAGING IN AN ACT THAT [CONSTITUTED SEXUAL BATTERY] [INJURED THE SEXUAL ORGAN OF ANOTHER] BY A PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY UPON A PERSON LESS THAN 12 YEARS OF AGE — 794.011(8)(c)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Sexual battery (Defendant 18 or older, victim younger than 12)794.011(2)(a)11.1
Sexual battery (Defendant younger than 18, victim younger than 12)794.011(2)(b)11.1
CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Engaging in an act which constituted sexual battery (Victim younger than 12, defendant younger than 18)794.011(8)(c)11.6(a)
Sexual battery (Defendant 18 or older, victim 12 or older but younger than 18)794.011(5)(a)11.4
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)*
Attempt777.04(1)5.1
Aggravated battery784.045(1)(a)8.4
Felony battery784.041(1)8.5
Aggravated assault784.021(1)(a)8.2
Battery784.038.3
Assault784.0118.1

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.

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