Arrestable Offenses / Crimes under Fla. Stat. 491.0112
CopyCited 71 times | Published | Supreme Court of Florida | 2001 WL 776269
...Chapter 800 covered "unnatural and lascivious act" (section
800.02), exposure of sexual organ (section
800.03), and "lewd, lascivious, or indecent assault or act upon or in the presence of a child" (section
800.04). Section
826.04 covered incest. Ultimately, sexual misconduct by a therapist (section
491.0112), see Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988),
576 So.2d 1307, 1309 (Fla.1991), and sexual predators (section 775.22), see Amendments to Florida Rules of Criminal Procedure Re Sentencing Gu...
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1997 WL 408318
...Butterworth, Attorney General, Tallahassee, Sharon A. Wood and Don M. Rogers, Assistant Attorney Generals, West Palm Beach, for appellee. STONE, Chief Judge. The judgment and sentence are affirmed. Appellant, a licensed psychologist, was convicted of sexual misconduct by a psychotherapist under section 491.0112, Florida Statutes....
...Appellant was charged under subsection two of the statute, which prohibits sexual misconduct "by means of a therapeutic deception" which is defined to mean "a representation to the client that sexual contact by the psychotherapist is consistent with or part of the treatment of the client." § 491.0112(4)(b)....
...the constitutionality of statutes. Carter v. Sparkman,
335 So.2d 802, 805 (Fla.1976); Sarasota County v. Barg,
302 So.2d 737 (Fla. 1974); Scarborough v. Newsome,
150 Fla. 220,
7 So.2d 321 (1942). We reject Appellant's assertion that Florida Statute §
491.0112 (1993) is facially unconstitutional....
...Florida's statute prohibits a sexual relationship between a psychotherapist and patient even after the professional relationship is terminated, where "the professional relationship is terminated primarily for the purpose of engaging in sexual contact." § 491.0112(1)....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...Offenses have been grouped into 9 offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 (except subsection
782.04(1)(a)), subsection
316.193(3)(c)3, and subsection 327.351(2). Category 2: Sexual offenses: Chapters 794 and 800, section
826.04, and section
491.0112....
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 725, 1991 Fla. LEXIS 1914, 1991 WL 236191
...Offenses have been grouped into offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 (except subsection 782.-04(l)(a)), and subsection
316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800, section
826.04, and section
491.0112 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 and subsection 381.411(4) Category 5: Burglary: Chapter 810, section
817.025, and subsection
806.13(3) Category 6: Theft...
CopyPublished | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876
...Offenses have been grouped into 9 offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 (except subsection 782.-04(l)(a)), subsection
316.193(3)(c)(3), and subsection 327.351(2). Category 2: Sexual offenses: Section 775.22, Cchapters 794 and 800, section
826.04, and section
491.0112....
CopyPublished | Supreme Court of Florida
...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.
11.18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST
§
491.0112, Fla....
...At the time, (victim) was a client of (defendant).
b. (Victim) was a former client of (defendant) and the professional
relationship was terminated primarily for the purpose of engaging
in sexual contact.
§ 491.0112(3), Fla. Stat.
It is not a defense that (victim) consented to any act that constitutes
sexual misconduct.
Enhancement. Give if applicable. § 491.0112(2), Fla....
...Stat.
- 40 -
If you find the defendant guilty of Sexual Misconduct by a
Psychotherapist, you must then determine whether the State has proven
beyond a reasonable doubt that the crime was committed by means of
therapeutic deception.
§ 491.0112(4)(b), Fla. Stat.
“Therapeutic deception” means a representation to the client that
sexual contact by the psychotherapist is consistent with or part of the
treatment of the client.
Definitions. § 491.0112(4), Fla. Stat.
§ 491.0112(4)(a), Fla....
...ology), or Chapter 491 (clinical
counseling or psychotherapy services); or any other person who provides or
purports to provide treatment, diagnosis, assessment, evaluation, or
counseling of mental or emotional illness, symptom, or condition.
§ 491.0112(4)(d), Fla. Stat.
“Client” means a person to whom the services of a psychotherapist are
provided.
§ 491.0112(4)(c), Fla....
...Stat.
“Sexual misconduct” means the oral, anal, or vaginal penetration of
another by, or contact with, the sexual organ of another or the anal or vaginal
penetration of another by any object.
Lesser Included Offenses
SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST — 491.0112
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 198, 1991 Fla. LEXIS 411, 1991 WL 28402
...Const.; see also § 921.001, Fla.Stat. (1989). In its petition, the Commission notes that four new crimes were created by the 1990 Legislature. Only one of these requires a change in the existing guidelines. Chapter 90-70, section 1, Laws of Florida (codified at section 491.0112, Florida Statutes (Supp....
...Offenses have been grouped into nine (9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [[except subsection
782.04(l)(a) ]), and subsection
316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800¿ and section
826.04, and section
491.0112 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 and subsection 381.411(4) Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: Thefts, forgery, fraud:...
...5, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section
944.40 Category 9: All other felony offenses [[Image here]] FORMS Rule 3.988(b) Category 2: Sexual Offenses Chapters 794 and 800¿ section 826.041 . and section
491.0112 [[Image here]] APPENDIX B [Additions underlined] RULE 3.701 SENTENCING GUIDELINES [[Image here]] d....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 8402
STONE, Chief Judge. The judgment and sentence are affirmed. Appellant, a licensed psychologist, was convicted of sexual misconduct by a psychotherapist under section 491.0112, Florida Statutes....
...Appellant was charged under subsection two of the statute, which prohibits sexual misconduct “by means of a therapeutic deception” which is defined to mean “a representation to the client that sexual contact by the psychotherapist is consistent with or part of the treatment of the client.” § 491.0112(4)(b)....
...he constitutionality of statutes. Carter v. Sparkman,
335 So.2d 802, 805 (Fla.1976); Sarasota County v. Barg,
302 So.2d 737 (Fla.1974); Scarborough v. Newsome,
150 Fla. 220 ,
7 So.2d 321 (1942). We reject Appellant’s assertion that Florida Statute §
491.0112 (1993) is facially unconstitutional....
...Florida’s statute prohibits a sexual relationship between a psychotherapist and patient even after the professional relationship is terminated, where “the professional relationship is terminated primarily for the purpose of engaging in sexual contact.” § 491.0112(1)....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210
...(Victim) was a former client of (defendant) and the professional
relationship was terminated primarily for the purpose of
engaging in sexual contact.
It is not a defense that (victim) consented to any act that constitutes
sexual misconduct.
Enhancement. Give if applicable. § 491.0112(2), Fla....
...beyond a reasonable doubt that the crime was committed by means of
therapeutic deception.
“Therapeutic deception” means a representation to the client that
sexual contact by the psychotherapist is consistent with or part of the
treatment of the client.
Definitions. § 491.0112(4), Fla....
...anal, or vaginal penetration of
another by, or contact with, the sexual organ of another or the anal or vaginal
penetration of another by any object.
Lesser Included Offenses
SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST — 491.0112
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 9193, 1997 WL 461158
PER CURIAM. We reverse the trial court’s order of dismissal based on the unconstitutionality of section 491.0112, Florida Statutes (1995), on the authority of Shapiro v....
