Fla. Std. Jury Instr. (Crim.) 11.10(a)

§ 800.04(4)(a)1, Fla. Stat**.

To prove the crime of Lewd or Lascivious Battery, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) engaged in sexual activity with (victim).

2. At the time, (victim) was 12 years of age or older, but less than 16 years of age.

Give if applicable. § 800.04(1), Fla. Stat.

However, any act done for bona fide medical purposes is not a Lewd or Lascivious Battery.

Give if applicable. § 800.04(8), Fla. Stat.

A mother’s breastfeeding of her baby does not under any circumstance constitute a Lewd or Lascivious Battery.

§ 800.04(3), Fla. Stat.

The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [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.

§ 800.04(2), Fla. Stat.

Neither (victim’s) lack of chastity nor (victim’s) consent is a defense to the crime charged.

§ 800.04(1), Fla. Stat.

“Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

§ 800.04(1), Fla. Stat.

“Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

§ 800.04(1), Fla. Stat.

“Sexual activity” means the oral, anal, or female genital** penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object.

§ 800.04(1), Fla. Stat.

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

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.

§ 775.0862, Fla. Stat.

Reclassification for sexual offense against student by school authority figure.

If you find that (defendant) committed the crime of Lewd or Lascivious Battery, 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.

“Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.

“School” means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla. Stat. for “private school” or “voluntary prekindergarten education program” or “early learning program” or “public school as described in s. 402.3025(1)” or “the Florida School for the Deaf and the Blind” or the “Florida Virtual School” or the “K-8 Virtual School.”

“Student” means a person younger than 18 years of age who is enrolled at a school.

Lesser Included Offenses

LEWD OR LASCIVIOUS BATTERY (ENGAGING IN SEXUAL ACTIVITY) — 800.04(4)(a)1

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Aggravated battery

784.045(1)

8.4

Attempt

777.04(1)

5.1

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

Unnatural and lascivious act*

800.02*

11.8*