Florida § 491.0112 - Sexual misconduct by a psychotherapist; penalties.
Full text of Florida Florida Statutes § 491.0112 — Sexual misconduct by a psychotherapist; penalties., with citation guidance and answers to common questions.
§ 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.
Source: official Florida text · Last verified 2026-08-27
Frequently Asked Questions About Florida § 491.0112
What does Florida Statutes § 491.0112 cover?
Section 491.0112 ("Sexual misconduct by a psychotherapist; penalties.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 491.0112?
A common citation format is "Florida Statutes § 491.0112" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 491.0112 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.