FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 11.12
INCEST
§ 826.04, Fla. Stat.
To prove the crime of Incest, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) was the (relationship alleged) of (defendant).
2. (Defendant) [married] [had sexual intercourse with] (victim).
3. At the time of the [marriage] [sexual intercourse], (defendant) knew (victim) was [his] [her] (relationship alleged).
Definition.
“Sexual intercourse” is the penetration of the female sex organ by the male sex organ. Emission of seed is not necessary.
Lesser Included Offenses
INCEST — 826.04
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
None
Attempt
777.04(1)
5.1
Unnatural and lascivious act*
800.02*
11.8*
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
99153b4833f2de89f308d0e04eb721e0b86e7d1209e3ecffa82979089febcae0
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.