Last updated: 2/28/2006
11.5. Solicitation Of Child Under Eighteen Years Of Age To Engage In An Act Which Constitutes Sexual Battery By Person In Familial Or Custodial Authority
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Description
11.5 SOLICITATION OF CHILD UNDER EIGHTEEN YEARS OF AGE TO ENGAGE IN AN ACT WHICH CO NSTITUTES SEXUAL BATTERY BY PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY 794.011(8)(a), Fla. Stat. To prove the crime of Solicitation of a Child to Engage in an Act which Constitutes Sexual Battery by a Person in Familial or Custodial Authority, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of victim] was less than eighteen years of age. 2. [Name of defendant] stood in the poilial or custosition of famdial authority with regard to [name of victim]. 3. [Name of defendant] ried [commanded] [encouraged] to engage in an act which constitutes sexual [h battery in which: a. me me would penetrate or have union with the [anus] [vagina] [mouth] of [the sexual organ of the [[name e of victim] would be penetrated by an object.] It is not necessary that such sexual battery actually take place for the crime to be completed. It is not a defense that the victim was willing to engage in an act which constitutes sexual battery or consented to engage in such acts. However, any act done for bona fide mdical purposes is not a sexual battery. e "Union" means contact.