11.2. Sexual Battery - Victim Twelve Years Of Age Or Older Great Force
This is a Florida Jury Instructions form that can be used for 11 Sex Offenses within Criminal.
Last updated: 2/28/2006
11.2 SEXUAL BATTERY - VICTIM TWEL VE YEARS OF AGE OR OLDER - GREAT FORCE 794.011(3), Fla. Stat. To prove the crime of Sexual Battery upon a Person Twelve Years of Age or Older with the Use of a Deadly Weapon or Physical Force, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of victim] was twelve years of age or older. 2. a. me of defendant] committed e of victim] in which the sexual organ of the [[name of defendant]] [[name of victim]] penetrated or had union with the [anus] [vagina] m[[Nae of vime of defendant] committed b. me of defendant] committed an act upon [name of victim] in me which the [anus] [vagina] of [name object.] 3. [Name of defendant] in the process a . [used or threatened to use a deadly weapon.] b. [used actual physical force likely to cause serious personal injury.] 4. The act was done without the consent of the victim. "Consent" means intelligent, knowing and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Evidence of the victims mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing and voluntary consent. "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. "Mentally defective" means that a person suffers from a mental disease or defect that renders that person temporarily or permanently inof appraising the nature of capable his or her conduct. "Union" means contact. <<<<<<<<<********>>>>>>>>>>>>> 2 A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement. However, any act done for bona fide mdical purposes is not a sexual battery. e Note to Judge: In the event that multiple perpetrators are charged and proven, give instruction on enhancement. The option of the word [with] (victim) in 2a is provided to reflect the manner in which the crime was committed. See Coleman v. State, 484 So. 2d 624 (Fla. 1st DCA 1986), at pages 627-628.