Florida Bar Re Standard Jury Instructions—Criminal

SHAW J.,

concurs specially with an opinion.

SEXUAL BATTERY — VICTIM LESS THAN TWELVE YEARS OF AGE - F.S. 794.011(2)

Before you can find the defendant guilty of sexual battery upon a person less than twelve years of age, the State must prove the following two elements beyond a reasonable doubt:

Elements 1. (Victim) was less than twelve years of age.

2. a. [(Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] penetrated or had union with the [anus] [vagina] [mouth] of the [(victim)] [(defendant)].]

b. [(Defendant) committed an act upon (victim)…