Fla. Std. Jury Instr. (Crim.) 11.7

§ 794.05, Fla. Stat.**

To prove the crime of Unlawful Sexual Activity with Certain Minors, the State must prove the following three elements beyond a reasonable doubt:

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

2. At the time, (defendant) was 24 years of age or older.

3. At the time, (victim) was 16 or 17 years of age.

Give if applicable. § 794.05, Fla. Stat.

Sexual activity does not include an act done for a bona fide medical purpose.

Give if requested. Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006); § 794.021, Fla. Stat.

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

§ 794.05(2), Fla. Stat.

“Sexual activity” means 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.

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

Phillips v. State, 238 So. 3d 308 (Fla. 4th DCA 2018).

“Union” means contact.

Give if applicable.

Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013).

The definition of “an object” includes a finger.

Give if requested. § 794.05, Fla. Stat.

(Victim’s) sexual conduct is not relevant to the crime charged.

§ 775.0862, Fla. Stat.

Reclassification for sexual offense against student by school authority figure.

If you find that (defendant) committed the crime of Unlawful Sexual Activity With Certain Minors, 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

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS — 794.05

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Unnatural and Lascivious Act*

800.02*

11.8*

Attempt

777.04(1)

5.1