Fla. Std. Jury Instr. (Crim.) 11.1

§§ 794.011(2)(a) and (2)(b), Fla. Stat.**

To prove the crime of Sexual Battery 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) committed 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) committed an act [upon] [with] (victim) in which the [anus] [female genitals**] of [(victim)] [(defendant)] [was] [were] penetrated by an object.

c. (Defendant) 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) 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, (victim) was less than 12 years of age.

Give 3a or 3b as applicable.

3. a. At the time, (defendant) was 18 years of age or older.

b. At the time, (defendant) was less than 18 years of age.

Give if applicable. § 794.011(1), Fla. Stat.

However, any act done for bona fide medical purposes is not a Sexual Battery.

§ 794.021, Fla. Stat.

Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.

Give if applicable.

“Bona fide” means genuine.

Give if applicable. Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013).

“An object” includes a finger.

Phillips v. State, 238 So. 3d 308 (Fla. 4th DCA 2018).

“Union” means contact.

Give if applicable. § 794.011(1), Fla. Stat.

“Female genitals**” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

Give if requested. Khianthalat v. State, 974 So. 2d 359 (Fla. 2008).

Consent of (victim) is not a defense to the crime charged.

Give if requested. § 794.022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

Lesser-Included Offenses

CAPITAL SEXUAL BATTERY — VICTIM UNDER 12, DEFENDANT 18 OR OVER — 794.011(2)(a)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

Battery

784.03(1)(a)1.

8.3

Sexual battery (Defendant less than 18, victim less than 12)

794.011(2)(b)

11.1

Sexual battery (Defendant 18 or older, victim 12 or older but less than 18)

794.011(5)(a)

11.4

Sexual battery (Defendant 18 or older, victim 18 or older)

794.011(5)(b)

11.4

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

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)*

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(1)(a)2.

8.3

Assault

784.011

8.1