FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 23.5
OFFERING TO COMMIT, COMMITTING, OR ENGAGING IN PROSTITUTION, LEWDNESS, OR ASSIGNATION
§ 796.07(2)(e), Fla. Stat.
To prove the crime of Offering to Commit, Committing, or Engaging in [Prostitution] [Lewdness] [Assignation], the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) [offered to commit] [committed] [engaged in] [prostitution] [lewdness] [assignation].
2. At the time, (defendant) was 18 years of age or older.
§ 796.07(1), Fla. Stat.
“Prostitution” is the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
“Lewdness” is any indecent or obscene act. “Indecent” means wicked, lustful, unchaste, licentious, or sensual intention on the part of the person doing the act.
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
“Sexual activity” means oral, anal, or female genital penetration by, or union with, the sexual organ of another; anal or female genital penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation[; however, the term does not include acts done for bona fide medical purposes. “Bona fide” means genuine].
“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.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
5eb0b2dd2e24342bac67e3ecd910c464f0b709b2756a9bc30ac9e945a097d1d8
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