Fla. Std. Jury Instr. (Crim.) 34.3

§ 787.30(2)(b), Fla. Stat.

To prove the crime of Employing a Person Under the Age of 21 in an Adult Entertainment Establishment to Perform or Work Nude, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) knowingly [employed] [contracted with] [contracted with another person to employ] [permitted] (name of worker/performer) to perform or work while nude in an adult entertainment establishment.

2. At the time, (name of worker/performer) was younger than 21 years of age.

3. At the time, (defendant) was a[n] [owner] [manager] [employee] [contractor] of the adult entertainment establishment.

“Adult entertainment establishment” means (give applicable portion as defined in F.S. 847.001).

“Nude” means the showing of the human male or female genitals, pubic area, or buttock with less than a fully opaque covering; or the showing of 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. A mother’s breastfeeding of her baby does not under any circumstance constitute nudity, regardless of whether the nipple is covered during or incidental to feeding.

A person’s ignorance of another person’s age or a person’s misrepresentation of his or her age may not be raised as a defense to this crime.

Lesser Included Offenses*

EMPLOYING PERSON UNDER THE AGE OF 21 IN AN ADULT ENTERTAINMENT ESTABLISHMENT WHILE WORKING OR PERFORMING NUDE — 787.30(2)(b)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

Employing Person Under the Age of 21 in an Adult Entertainment Establishment

787.30(2)(a)

29.31*

Attempt

777.04

5.1