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. [Name of victim] was the [relationship alleged] of [name of defendant]. 2. [Name of defendant] e of victim]. ] [had sexual intercourse with [name of victim].] 3. [At the time of the marriage, [name of defendant]) knew [name of victim] At the time of the sexual intercourse, [name of defendant]) knew [name of victim] was [his] [her] [relationship alleged].] "Sexual intercourse" is the penetration of the female sex organ by the male sex organ. Emission of seed is not necessary. NOTE TO JUDGE: Most courts hold that half-blood kin should be treated as whole-blood kin.