Written Solicitation of Certain Minors to Commit a Lewd or Lascivious Act
A written solicitation by a person 24 or older asking a person 16 or 17 to commit a lewd or lascivious act.
Florida Statute
§ 794.053
Lewd or lascivious written solicitation of certain minors
Quick Summary
Confirm the written solicitation, the defendant's age, and the recipient's age. The requested act does not need to occur.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant, in writing, solicited the victim to commit a lewd or lascivious act.
Plain language: There must be a written request, command, encouragement, or similar solicitation for the act.
- Element 2
At the time, the defendant was 24 years of age or older.
Plain language: The defendant was at least 24.
- Element 3
At the time, the victim was 16 or 17 years of age.
Plain language: The recipient was 16 or 17.
Jury Instructions
Jury Instructions
Instruction 11.7(b)
Written Solicitation of Certain Minors to Commit a Lewd or Lascivious Act
Covers section 794.053.
View Official InstructionImportant Definitions
Important Definitions
Lewd or Lascivious
Wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
Solicit
To command, encourage, hire, or request another person to engage in specific conduct.
Additional Notes
Additional Notes
Quick Reference
Confirm a written solicitation of a lewd or lascivious act, defendant age 24 or older, and recipient age 16 or 17.
Completed Solicitation
The requested lewd or lascivious act does not need to occur for solicitation to be complete.
Age Is Not a Defense
The standard instruction states that ignorance, misrepresentation, or a bona fide belief about the victim's age is not a defense; verify current charging and instruction language.