11.6 ENGAGING IN AN ACT THAT CONSTITUTES SEXUAL BATTERY UPON OR WITH A CHILD 12 YEARS OF AGE OR OLDER BUT YOUNGER THAN 18 YEARS OF AGE BY 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
- 11.6
- Statute
- § 794.011(8)(b), 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 Constitutes Sexual Battery Upon or With a Child 12 Years of Age or Older but Younger than 18 Years of Age by a Person in a Familial or Custodial Authority, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) engaged in any act that constituted Sexual Battery.
2. At the time, (victim) was 12 years of age or older but younger 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 Engaging in an Act That Constitutes Sexual Battery Upon or With a Child 12 Years of Age or Older but Younger than 18 Years of Age by a Person in a 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.
ENGAGING IN AN ACT THAT CONSTITUTES SEXUAL BATTERY UPON OR WITH A CHILD 12 YEARS OF AGE OR OLDER BUT YOUNGER THAN 18 YEARS OF AGE BY PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY — 794.011(8)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| 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 younger than 16) | 800.04(4)(a)1. | 11.10(a) | |
| Lewd or lascivious battery (Victim younger than 16)* | 800.04(4)(a)2.* | 11.10(b)* | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated battery | 784.045(1)(a) | 8.4 | |
| Felony battery | 784.041(1) | 8.5 | |
| Aggravated assault | 784.021(1)(a) | 8.2 | |
| Battery | 784.03 | 8.3 | |
| Assault | 784.011 | 8.1 |
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.