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

§ 800.04(5), Fla. Stat.

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

Give 1a or 1b or both as applicable.

1. (Defendant),

a. in a lewd or lascivious manner, intentionally touched the [breasts] [genitals] [genital area] [buttocks] [clothing covering the breasts] [clothing covering the genitals] [clothing covering the genital area] [clothing covering the buttocks] of (victim).

b. in a lewd or lascivious manner, intentionally [forced] [enticed] (victim) to touch the [breasts] [genitals] [genital area] [buttocks] [clothing covering the breasts] [clothing covering the genitals] [clothing covering the genital area] [clothing covering the buttocks] of (defendant).

Give 2a or 2b as applicable.

2. At the time, (victim)

a. was 12 years of age or older but less than 16 years of age.

b. was less than 12 years of age.

Give 3a or 3b as applicable.

3. At the time, (defendant)

a. was 18 years of age or older.

b. was less than 18 years of age.

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 Molestation.

The words “lewd” and “lascivious” mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

§ 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.

Give if applicable. § 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.

Give if applicable. § 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 Molestation, 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 MOLESTATION; DEFENDANT 18 OR OVER; VICTIM LESS THAN 12 — 800.04(5)(b)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Lewd or Lascivious Molestation; Defendant 18 or over; Victim 12 or over but less than 16

800.04(5)(c)2

11.10(c)

Lewd or Lascivious Molestation; Defendant less than 18; Victim less than 12

800.04(5)(c)1

11.10(c)

Lewd or Lascivious Molestation; Defendant less than 18; Victim 12 or over but less than 16

800.04(5)(d)

11.10(c)

Attempt

777.04(1)

5.1

Aggravated battery

784.045(1)

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

Unnatural and lascivious act*

800.02*

11.8*