The instruction provided to the jury in this case was an incorrect statement of law and reduced the State's burden as to a contested element of the charged offense; as such, it was fundamentally erroneous. See Heathcock v. State, 225 So. 3d 362, 364 (Fla. 5th DCA 2017) ; see also Ramirez Ramos, 274 So. 3d at 398 ("Given the instruction, and the disputed factual issues, the jury was left to deliberate and convict the defendant based on conduct less than that required by statute for the crime of sexual battery and its consequent life sentence. This is fundamental error.