11.1. Sexual Battery - Victim Less Than Twelve Years Of Age

11.1 SEXUAL BATTERY - VICTIM LE SS THAN TWELVE YEARS OF AGE 794.011(2), Fla. Stat. To prove the crime of Sexual Battery upon a Person Less Than Twelve Years Of Age, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of victim] was less than twelve years of age. 2. a. me of defendant] committed an act [upon] [with] [name of victim] in which the sexual organ of [name of defendant] [name of victim] penetrated or had union with the [anus] [vagina] [mouth]me of of [[name of me of defendant] committed an act upon [name of victim] in which b. [[Name of defendant] committed an act upon [name of victim] in which me of defendant] injured the se xual organ of [name of victim] in an attempt to commit an act [upon] [with me of defendant me of vi ctim]] would have penetrated or would have had union with the [anus] [vagina] [mouth] of c. [[Name of defendant] injured the se me of defendant] injured the se xual organ of [name of victim] in an attempt to commit an act upon [name of victim] in which the [anus] [vagina] of [namould be penetrated by an object.] e of victim] w The punishment provided by law for sexual battery upon a person less than twelve years of age is greater depending upon the age of the defendant. Therefore, if you find the defendant guilty of sexual battery upon a person less than twelve years of age and you further find that at the time of the sexual battery the defendant was eighteen years of age or older, you should find the defendant guilty of sexual battery upon a person less than twelve years of age by a person eighteen years of age or older. If you find that the defendant was not eighteen years of age or older but did commit the sexual battery, you should find the defendant guilty only of sexual battery upon a person less than twelve years of age by a person under eighteen years of age. However, any act done for bona fide mdical purposes is not a sexual battery. e "Union" means contact. NOTE TO JUDGE: In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. <<<<<<<<<********>>>>>>>>>>>>> 2 The option of the word [with] (victim) in 2a and 2c 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 and 628.