11.12 INCEST
§ 826.04, Fla. Stat.
To prove the crime of Incest, the State must prove the following three elements beyond a reasonable doubt:
1.	(Victim) was the (relationship alleged) of (defendant).
2.	(Defendant) [married] [had sexual intercourse with] (victim).
3.	At the time of the [marriage] [sexual intercourse], (defendant) knew (victim) was [his] [her] (relationship alleged).
Definition.
“Sexual intercourse” is the penetration of the female sex organ by the male sex organ. Emission of seed is not necessary.
Lesser Included Offenses
INCEST — 826.04
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
None				
	Attempt	777.04(1)	5.1	
	Unnatural and lascivious act*	800.02*	11.8*	
Comments
*The courts do not require the State to allege the defendant’s act was “unnatural” or “against the laws of nature” in order for § 800.02, Fla. Stat., to be given as a lesser-included offense. If the sexual activity involved penile-vaginal sexual intercourse (or contact), § 800.02, Fla. Stat. should not be given as a lesser-included offense. However, if the sexual activity involved something other than penile-vaginal sexual intercourse (or contact), § 800.02, Fla. Stat. should be given as a lesser-included offense. See State v. Knighton, 235 So. 3d 312 (Fla. 2018).
This instruction was adopted in 1981 and amended in 2018.