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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(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.