Fla. Std. Jury Instr. (Crim.) 11.23(a)

§ 836.13(3), Fla. Stat.

To prove the crime of Solicitation of an Altered Sexual Depiction, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) solicited an altered sexual depiction of an identifiable person.

2. (Defendant) did so without the consent of the identifiable person.

3. At the time of the solicitation, (defendant) knew or reasonably should have known that the visual depiction was an altered sexual depiction.

“Solicit” means to try to obtain

“Altered Sexual Depiction” means any visual depiction that, as a result of any type of digital, electronic, mechanical, or other modification, alteration, or adaptation, depicts a realistic version of an identifiable person: (1) with the nude body parts of another person as the nude body parts of the identifiable person; (2) with computer-generated nude body parts as the nude body parts of the identifiable person; or (3) engaging in sexual conduct in which the identifiable person did not engage.

“Visual Depiction” includes, but is not limited to, a photograph, picture, image, motion picture, film, video, or other visual representation.

“Identifiable person” means that a person is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark, or other recognizable feature.

“Nude Body Parts” means the human male or female genitals, pubic area, or buttocks with less than fully opaque covering; or the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. [The term “nude body parts” does not under any circumstances include a mother’s breastfeeding her baby.]

Many of these terms have their own definition. Give those definitions as appropriate. § 847.001, Fla. Stat.

“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. [A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”]

Give if appropriate.

The presence of a disclaimer within an altered sexual depiction which notifies a viewer that the person or persons depicted did not consent to, or participate in, the generation or promotion of the material, or that the person or persons depicted did not actually perform the actions portrayed, is not a defense to the crime.

Lesser Included Offense

SOLICITATION OF AN ALTERED SEXUAL DEPICTION — 836.13(3)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1