16.7 USE OF A CHILD IN A SEXUAL PERFORMANCE

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
16.7
Statute
§ 827.071(2)(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 Use of a Child in a Sexual Performance, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b or both as applicable.

1. a. (Defendant) [employed] [authorized] [induced] (victim) to engage in a sexual performance.

b. (Defendant), being a [parent] [legal guardian] [custodian of (victim)], consented to (victim’s) participation in a sexual performance.

2. (Defendant) knew the character and content of the performance.

3. At the time, (victim) was a child.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Give if applicable.

If you find (defendant) guilty of Use of a Child in a Sexual Performance, you must also determine whether the State proved beyond a reasonable doubt that (defendant) was 18 years of age or older at the time (defendant) [employed] [authorized] [induced] (victim) to engage in a sexual performance or consented to (victim’s) participation in a sexual performance.

Lesser-included offenses

As the instruction lists them, word for word.

USE OF A CHILD IN A SEXUAL PERFORMANCE —§ 827.071(2)(a)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(1)5.1

Related practice page

Sexual Performance by a Child 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.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp