FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 11.19
SEXUAL MISCONDUCT BETWEEN DETENTION FACILITY EMPLOYEES AND INMATES
§ 951.221(1), Fla. Stat.
To prove the crime of Sexual Misconduct Between Detention Facility Employees and Inmates, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was an employee of a [county or municipal detention facility] [private detention facility under contract with a county commission].
2. While an employee, (defendant) engaged in sexual misconduct with (inmate).
3. At the time, (inmate) was an [inmate] [offender supervised by the facility].
§ 951.221(1), Fla. Stat. Consent is not a defense.
The consent of an [inmate] [offender] to any act of sexual misconduct is not a defense to the crime of Sexual Misconduct.
Definitions.
§ 951.221(1), Fla. Stat. and § 944.35(3)(b)1, Fla. Stat.
“Sexual Misconduct” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, but does not include an act done for a bona fide medical purpose or an internal search conducted in the lawful performance of the employee’s duty.
Give as applicable.
“Union” means contact.
§ 951.23(1)(a), Fla. Stat.
“County Detention Facility” means a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County Residential Probation Center” means a county-operated facility housing offenders serving misdemeanor sentences or first-time felony sentences.
§ 951.23(1)(d), Fla. Stat.
“Municipal Detention Facility” means a city jail, a city stockade, a city prison camp, and any other place except a county detention facility used by a municipality or municipal officer for the detention of persons charged with or convicted of a violation of municipal laws or ordinances.
Lesser Included Offenses
SEXUAL MISCONDUCT BETWEEN DETENTION FACILITY EMPLOYEES AND INMATES — 951.221(1)
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
None
Battery
784.03
8.3
Attempt
777.04(1)
5.1
Assault
784.011
8.1
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
6f5a3314cd8e24c0ddbb18aa67e0e2dafe8d829e88744e15d10e445f5f05b4b1
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.