Florida Criminal Offense

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.

FelonyThird Degree

Florida Statute

§ 794.053

Lewd or lascivious written solicitation of certain minors

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

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 marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

Element 1
AND — Required
All of the following must be proven
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
AND — Required
All of the following must be proven
At the time, the defendant was 24 years of age or older.
Plain language: The defendant was at least 24.
Element 3
AND — Required
All of the following must be proven
At the time, the victim was 16 or 17 years of age.
Plain language: The recipient was 16 or 17.

Jury Instructions

Instruction 11.7(b)

Written Solicitation of Certain Minors to Commit a Lewd or Lascivious Act

Covers section 794.053.

View Official Instruction

Verified against the official instruction source: September 13, 2026

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

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.