Lewd Conduct (section 800.04) - Locatethelaw.org

Lewd or Lascivious Conduct
Dennis Nicewander
Page 23
Consent:
Updated January 31, 2012
sexual act on child, who was frightened by defendant's words and
actions.
Smith v. State, 632 So.2d 644 (Fla. 1st DCA 1994):
State failed to prove that defendant made direct movement toward
specific purpose of handling, fondling, or assaulting 13 and 14 year old
girls, as required to convict defendant for attempt to handle, fondle, or
make assault upon child under age 16 years in lewd, lascivious, or
indecent manner, based on evidence that defendant told girls "show me
your pussy," and then later drove up outside and looked into fast food
restaurant to which girls had walked.
Evidence supported conviction for attempt to handle, fondle, or assault
child in lewd, lascivious, or indecent manner; defendant evinced specific
intent to handle, fondle or assault nine and ten year old girls who were
walking along sidewalk by driving by, sticking out his tongue, and saying
either "let me have some pussy," or "give me your pussy," and acted in
furtherance of that intent by circling back past the girls three times.
Rubin v. State, 578 So.2d 331 (Fla. 3d DCA 1991):
Evidence showed overt acts by defendant toward commission of lewd
and lascivious act in presence of child under age of 16 years and was
sufficient to support conviction for two counts of attempt to commit
same.
Attempt to commit lewd and lascivious act in presence of child under
age of 16 years is a crime.
Khianthalat v. State, 974 So.2d 359 (Fla. 2008):
A defendant charged with lewd or lascivious battery on a child 12 years
of age or older but less than 16 years of age is not entitled to an
instruction on simple battery when the information did not allege lack of
consent and the evidence presented at trial did not support lack of
consent.