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Fla. Stat. § 491.0112 (2025)

Sexual misconduct by a psychotherapist; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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491.0112 Sexual misconduct by a psychotherapist; penalties.—
(1) Any psychotherapist who commits sexual misconduct with a client, or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083; however, a second or subsequent offense is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any psychotherapist who violates subsection (1) by means of therapeutic deception commits a felony of the second degree punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The giving of consent by the client to any such act shall not be a defense to these offenses.
(4) For the purposes of this section, the term:
(a) “Client” means a person to whom the services of a psychotherapist are provided.
(b) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(c) “Psychotherapist” means any person licensed pursuant to chapter 458, chapter 459, part I of chapter 464, chapter 490, or chapter 491, or any other person who provides or purports to provide treatment, diagnosis, assessment, evaluation, or counseling of mental or emotional illness, symptom, or condition.
(d) “Sexual misconduct” means the oral, anal, or female genital penetration of another by, or contact with, the sexual organ of another or the anal or female genital penetration of another by any object.
(e) “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.
History.—s. 1, ch. 90-70; s. 13, ch. 91-201; s. 4, ch. 91-429; s. 137, ch. 2000-318; s. 2, ch. 2022-165.

Arrestable Offenses under F.S. 491.0112

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§491.0112(1)SEX ASSLTPSYCHOTHERAP ENGAGE SEX W CLIENT 2ND SUBSQ OFFF · 2nd
§491.0112(1)SEX ASSLTPSYCHOTHERAPIST ENGAGE IN SEX WITH CLIENTF · 3rd
§491.0112(2)SEX ASSLTPSYCHOTHERAPIST ENGAGE SEX W CLIENT DECEPTIONF · 2nd
Notes of Decisions
Cited in 11 cases, 1991–2018 · leading case: In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). · cites it 16× “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
Florida Rules of Crim. Procedure re: Sentencing Guidelines, 576 So. 2d 1307 (Fla. 1991). · cites it 4× “Chapter 90-70, section 1, Laws of Florida (codified at section 491.0112, Florida Statutes (Supp.”
In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). · cites it 2× “At the time, (defendant) was a psychotherapist. Give 3a or 3b as applicable. 3. a.”
Seagrave v. State, 802 So. 2d 281 (Fla. 2001). “03), and "lewd, lascivious, or indecent assault or act upon or in the presence of a child" (section 800.”
Thierfelder v. Wolfert, 52 A.3d 1251 (Pa. 2012). “5; Fla. Stat. § 491.0112 ; S.D. Codified Laws §§ 22-22-27 through 22-22-29.”
Shapiro v. State, 696 So. 2d 1321 (Fla. 2d DCA 1997). · cites it 5× “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…”
Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 628 So. 2d 1084 (Fla. 1993). “04, and section 491.0112. Category 3: Robbery: Section 812.”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “04, and section 491.0112. Category 3: Robbery: Section 812.”
Shapiro v. State, 696 So. 2d 1321 (Fla. 4th DCA 1997). · cites it 5× “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…”
State v. Ludwig, 700 So. 2d 18 (Fla. 4th DCA 1997). · cites it 2× “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.”
In re Amendments to Florida Rules of Crim. Procedure-sentencing Guidelines (rules 3.701 & 3.988), 589 So. 2d 271 (Fla. 1991). “04, and section 491.0112 Category 3: Robbery: Section 812.”
— 491.0112(1) — 2 cases
Shapiro v. State, 696 So. 2d 1321 (Fla. 2d DCA 1997). “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…”
Shapiro v. State, 696 So. 2d 1321 (Fla. 4th DCA 1997). “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…”
— 491.0112(2) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
— 491.0112(3) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
— 491.0112(4) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
— 491.0112(4)(a) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
— 491.0112(4)(b) — 3 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
Shapiro v. State, 696 So. 2d 1321 (Fla. 2d DCA 1997). “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…”
Shapiro v. State, 696 So. 2d 1321 (Fla. 4th DCA 1997). “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…”
— 491.0112(4)(c) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
— 491.0112(4)(d) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “18 SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST § 491.0112, Fla. Stat. To prove the crime of Sexual Misconduct by a Psychotherapist, the State must prove the following three elements beyond a reasonable doubt: 1.”
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