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Florida Statute 800.4 - Full Text and Legal Analysis
Florida Statute 800.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 800.04 Case Law from Google Scholar Google Search for Amendments to 800.04

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 800
LEWDNESS; INDECENT EXPOSURE
View Entire Chapter
F.S. 800.04
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.—
(1) DEFINITIONS.—As used in this section:
(a) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
(c) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(d) “Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
(e) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
(2) PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.
(3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.
(4) LEWD OR LASCIVIOUS BATTERY.—
(a) A person commits lewd or lascivious battery by:
1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or
2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.
(b) Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of:
1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Chapter 794, excluding s. 794.011(10);
5. Section 825.1025;
6. Section 847.0135(5); or
7. This section.
(5) LEWD OR LASCIVIOUS MOLESTATION.—
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(e) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of:
1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Chapter 794, excluding s. 794.011(10);
5. Section 825.1025;
6. Section 847.0135(5); or
7. This section.
(6) LEWD OR LASCIVIOUS CONDUCT.—
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act

commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) LEWD OR LASCIVIOUS EXHIBITION.—
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) EXCEPTION.—A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.
History.—s. 1, ch. 21974, 1943; s. 1, ch. 26580, 1951; s. 780, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 40, ch. 75-298; s. 291, ch. 79-400; s. 5, ch. 84-86; s. 1, ch. 90-120; s. 5, ch. 93-4; s. 6, ch. 99-201; s. 1, ch. 2000-246; s. 5, ch. 2005-28; s. 3, ch. 2008-172; s. 3, ch. 2008-182; s. 6, ch. 2014-4; s. 7, ch. 2022-165.

F.S. 800.04 on Google Scholar

F.S. 800.04 on CourtListener

Amendments to 800.04


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 800.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S800.04 - SEX OFFENSE-AGAINST CHILD-FONDLING - ERROR-DEGREE NOT SAME FOR ENTIRE SECTION - F: S
S800.04 4a - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7699 - F: S
S800.04 4a1 - LEWD LASCV BEHAVIOR - LEWD OR LASCIVIOUS BATTERY VICTIM AGE 12 TO 16 - F: S
S800.04 4a1 - LEWD LASCV BEHAVIOR - LEWD LASCV BATTERY VIC AGE 12 TO 16 PREV CONV - F: F
S800.04 4a2 - LEWD LASCV BEHAVIOR - LL BATT PROMOTE SEX ACT VIC LT 16 PREV CONV - F: F
S800.04 4a2 - LEWD LASCV BEHAVIOR - PROMOTE SEXUAL ACTIVITY VICTIM LESS THAN 16 - F: S
S800.04 4b - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7691 - F: S
S800.04 4c1 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PREV CONV KIDNP MINOR SEXBAT LEWD - F: F
S800.04 4c1 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON FALS IMPRISN MINOR SEXBAT - F: F
S800.04 4c2 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON KIDNP MINOR SEX BAT CHILD - F: F
S800.04 4c2 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON KIDNP MINOR LL BAT MOLEST - F: F
S800.04 4c3 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON FALS IMP MINOR SEXBAT CHLD - F: F
S800.04 4c3 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON FALS IMP MINR LL BAT MOLST - F: F
S800.04 4c4 - LEWD LASCV BEHAVIOR - LL BATTERY 18YGT PREV CONV SEXUAL BATT CHP 794 - F: F
S800.04 4c5 - LEWD LASCV BEHAVIOR - LLBATT 18YGT PRE CON LL BATTERY ELDER DISABLED - F: F
S800.04 4c6 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON COMPUTER SEX ACT VIC LT16Y - F: F
S800.04 5b - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 4009 - F: F
S800.04 5b - LEWD LASCV BEHAVIOR - MOLEST VIC LESS 12YOA OFFENDER 18 YOA OR OLDER - F: L
S800.04 5c1 - LEWD LASCV BEHAVIOR - MOLEST VIC LT 12 YOA OFF LT 18 YOA - F: S
S800.04 5c2 - LEWD LASCV BEHAVIOR - MOLEST VIC 12 YOA LT 16 YOA OFF 18 YOA OLDER - F: S
S800.04 5d - LEWD LASCV BEHAVIOR - MOLEST CHILD 12YOA UP TO 16YOA BY LESS 18YOA - F: T
S800.04 5e - LEWD LASCV BEHAVIOR - MOLEST VIC 12 YOA LT 16 YOA OFF 18Y OLDER SUBS - F: F
S800.04 6a - LEWD LASCV BEHAVIOR - REMOVED - F: T
S800.04 6a - LEWD LASCV BEHAVIOR - REMOVED - F: S
S800.04 6b - LEWD LASCV BEHAVIOR - CONDUCT BY PERSON 18YOA OR OLDER - F: S
S800.04 6c - LEWD LASCV BEHAVIOR - CONDUCT BY PERSON LESS THAN 18 YOA - F: T
S800.04 7a - LEWD LASCV BEHAVIOR - REMOVED - F: T
S800.04 7a - LEWD LASCV BEHAVIOR - REMOVED - F: S
S800.04 7b - LEWD LASCV BEHAVIOR - EXHIBITION OFF 18 YOA OLDER VICTIM LESS 16 YOA - F: S
S800.04 7c - LEWD LASCV BEHAVIOR - EXHIBITION OFF LESS 18 YOA VICTIM LESS 16 YOA - F: T
S800.04 7c - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6528 - F: S
S800.04 7c - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6530 - F: S
S800.04 7d - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6529 - F: T
S800.04 7d - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6531 - F: T

Cases Citing Statute 800.04

Total Results: 951

Ray v. State

403 So. 2d 956

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 2012

Cited 191 times | Published

convicted Ray of lewd assault as proscribed by section 800.04, Florida Statutes (1975).[2] Two days after

United States v. Lanzon

639 F.3d 1293, 85 Fed. R. Serv. 338, 2011 U.S. App. LEXIS 9112, 2011 WL 1662901

Court of Appeals for the Eleventh Circuit | Filed: May 4, 2011 | Docket: 161095

Cited 94 times | Published

of § 2422(b) based on Florida Statute § 800.04. Since § 800.04 contains multiple subsections and the

Schmitt v. State

590 So. 2d 404, 1991 WL 238637

Supreme Court of Florida | Filed: Nov 14, 1991 | Docket: 1512652

Cited 92 times | Published

Second, the affidavit alleged violation of section 800.04, prohibiting lewd assaults or acts upon or

United States v. Brijido Padilla-Reyes

247 F.3d 1158, 2001 WL 360744

Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 2001 | Docket: 582140

Cited 77 times | Published

information with violation of Florida Statute § 800.04, “Lewd, lascivious, or indecent assault or act

Karchesky v. State

591 So. 2d 930, 1992 WL 4876

Supreme Court of Florida | Filed: Jan 16, 1992 | Docket: 1528116

Cited 76 times | Published

noncontact second-degree felony, in violation of section 800.04, Florida Statutes (1989), can be sentenced

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

CHILD; SEXUAL BATTERY (Revised) F.S. 800.04 Before you can find the defendant

Adams v. Culver

111 So. 2d 665

Supreme Court of Florida | Filed: May 8, 1959 | Docket: 1428181

Cited 73 times | Published

petitioner was correctly charged with a violation of § 800.04, Fla. Stat. 1957, F.S.A.; it is conceded, however

The Florida Bar Re: Standard Jury Instructions Criminal Cases

477 So. 2d 985, 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320378

Cited 72 times | Published

to refer to children under the age of sixteen. § 800.04, Fla. Stat. (1984). Therefore, the word "fourteen"

Chesebrough v. State

255 So. 2d 675

Supreme Court of Florida | Filed: Dec 8, 1971 | Docket: 1332442

Cited 72 times | Published

minor child. The statute involved is Fla. Stat. § 800.04, F.S.A., which reads as follows: "Any person who

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

child under the age of sixteen pursuant to section 800.04, Florida Statutes (1997).[3] Seagrave does

In Re Standard Inst. in Crim. Cases (No. 2005-3)

969 So. 2d 245, 2007 WL 3101743

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403698

Cited 67 times | Published

conduct. These new instructions are based upon section 800.04, Florida Statutes (2006), entitled, "Lewd or

United States v. Rutherford

175 F.3d 899, 1999 U.S. App. LEXIS 9038, 1999 WL 300783

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1999 | Docket: 48854

Cited 64 times | Published

conviction was for lewd assault, in violation of section 800.04, Florida Statutes. 3 There is no

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed

Kevin Spencer v. United States

773 F.3d 1132, 2014 WL 6234529

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2014 | Docket: 2598060

Cited 54 times | Published

with lewd or lascivious battery, see Fla. Stat. § 800.04(4) (2004), but he pleaded guilty to a lesser offense

State v. Paul

934 So. 2d 1167, 2006 WL 1699524

Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 57001

Cited 51 times | Published

area or the clothing covering it, contrary to section 800.04(5), Florida Statutes (1999); (2) intentionally

State v. Rife

789 So. 2d 288, 2001 WL 359697

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1325986

Cited 48 times | Published

consensual sex. We rejected the argument that section 800.04, Florida Statutes (1991), entitled "Lewd, lascivious

Perez v. State

536 So. 2d 206, 1988 WL 128166

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 1759665

Cited 47 times | Published

three-and-one-half-year-old child, in violation of section 800.04, Florida Statutes (1985). The state filed notice

United States v. Rutherford

175 F.3d 899

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1999 | Docket: 1236567

Cited 45 times | Published

conviction was for lewd assault, in violation of section 800.04, Florida Statutes.3 3 A

United States v. Panfil

338 F.3d 1299, 2003 WL 21715880

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2003 | Docket: 1237747

Cited 44 times | Published

violated Fla. Stat. § 800.04(4) and (6). (R.3 at *1301 10.) Section 800.04(4) provides that

United States v. Panfil

338 F.3d 1299, 2003 WL 21715880

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2003 | Docket: 1237747

Cited 44 times | Published

violated Fla. Stat. § 800.04(4) and (6). (R.3 at *1301 10.) Section 800.04(4) provides that

Jones v. State

640 So. 2d 1084, 1994 WL 202545

Supreme Court of Florida | Filed: May 26, 1994 | Docket: 1719017

Cited 44 times | Published

1993), which upheld the constitutionality of section 800.04, Florida Statutes (1991). The district court

Masoud Bahar v. John Ashcroft, Attorney General of the United States, Immigration and Naturalization Service

264 F.3d 1309, 2001 U.S. App. LEXIS 19967, 2001 WL 1033410

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2001 | Docket: 589222

Cited 42 times | Published

we concluded that a conviction under section 800.04 of the Florida Code for lewd or lascivious

Ramsey v. INS

55 F.3d 580, 1995 WL 334423

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 1995 | Docket: 418480

Cited 42 times | Published

the attempt to commit substantive offenses. Section 800.04(1) defines the underlying substantive offense

Boles v. State

27 So. 2d 293, 158 Fla. 220, 1946 Fla. LEXIS 550

Supreme Court of Florida | Filed: Jul 23, 1946 | Docket: 3265546

Cited 42 times | Published

judgment. The information was exhibited under Section 800.04, Florida Statutes, 1941, which is as follows:

Taylor v. State

818 So. 2d 544, 2002 WL 80256

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812

Cited 41 times | Published

the purpose of incorporating amendments to section 800.04, contained in section 1 of the chapter. Chapter

United States v. Harris

608 F.3d 1222, 2010 WL 2382401

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2010 | Docket: 1544443

Cited 40 times | Published

the age of sixteen in violation of Fla. Stat. § 800.04(3) (1996) (amended 1999).[2]Id. The government

Adaway v. State

902 So. 2d 746, 2005 WL 609677

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 1257079

Cited 39 times | Published

molestation of a child under twelve in violation of section 800.04(5)(b), Florida Statutes (1999). A jury convicted

State v. Partlow

840 So. 2d 1040, 2003 WL 359316

Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 1748307

Cited 38 times | Published

Stat. (1997)) and one count of indecent assault (§ 800.04(1), Fla. Stat. (1997)). The court accepted the

Rhodes v. State

283 So. 2d 351

Supreme Court of Florida | Filed: Sep 19, 1973 | Docket: 1490159

Cited 38 times | Published

construction the "lewd and lascivious" terminology of § 800.04 regarding acts in the presence of a minor as not

United States v. Pascual Ortiz-Delgado

451 F.3d 752, 2006 U.S. App. LEXIS 13923, 2006 WL 1540261

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 2006 | Docket: 398649

Cited 37 times | Published

convicted, but in the context of Florida Statute § 800.04, 4 which *757 criminalizes

Khianthalat v. State

974 So. 2d 359, 2008 WL 150610

Supreme Court of Florida | Filed: Jan 17, 2008 | Docket: 1367468

Cited 35 times | Published

Respondent. BELL, J. Is a defendant charged under section 800.04(4), Florida Statutes (2002), with lewd or lascivious

State v. Contreras

979 So. 2d 896, 2008 WL 657867

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1714383

Cited 34 times | Published

conviction of lewd and lascivious molestation. See § 800.04(1), Fla. Stat. (1997) (providing that a person

Gisi v. State

848 So. 2d 1278, 2003 WL 21554350

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 1309409

Cited 33 times | Published

child under the age of sixteen in violation of section 800.04(2), Florida Statutes (1997), eight counts of

Dorfman v. State

351 So. 2d 954

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 1247042

Cited 33 times | Published

pursuant to Art. V, § 3(b)(3), Fla. Const. [2] § 800.04, Fla. Stat. (1969). Since the general revision

State v. Carpenter

417 So. 2d 986

Supreme Court of Florida | Filed: Jul 29, 1982 | Docket: 1383580

Cited 32 times | Published

"lesser" because both section 794.011(5) and section 800.04 are second-degree felonies. Thus, Ray was convicted

Stewart v. State

51 So. 2d 494, 1951 Fla. LEXIS 1285

Supreme Court of Florida | Filed: Apr 3, 1951 | Docket: 1275944

Cited 32 times | Published

under the age of fourteen years, contrary to Section 800.04, Florida Statutes 1949, F.S.A. Motion for new

Williams v. State

957 So. 2d 595, 2007 WL 1362811

Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1679198

Cited 31 times | Published

of lewd or lascivious battery prohibited by section 800.04(4), Florida Statutes (2002), be a permissive

City of Oxford v. Federal Aviation Administration

428 F.3d 1346, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20219, 2005 U.S. App. LEXIS 23501, 2005 WL 2838490

Court of Appeals for the Eleventh Circuit | Filed: Oct 31, 2005 | Docket: 398429

Cited 30 times | Published

*1357 SHPO. 26 36 C.F:R. § 800.4(d)(1). The agency’s obligations are satisfied if

Erickson v. State

565 So. 2d 328, 1990 WL 78965

District Court of Appeal of Florida | Filed: Jun 13, 1990 | Docket: 379799

Cited 30 times | Published

assault on a child under sixteen, pursuant to section 800.04(1), Florida Statutes (1987), and sentenced

State v. Hightower

509 So. 2d 1078, 12 Fla. L. Weekly 424

Supreme Court of Florida | Filed: Apr 2, 1987 | Docket: 1362373

Cited 30 times | Published

lewd and lascivious conduct as set forth in section 800.04, Florida Statutes (1983), was a lesser included

Lewis v. State

591 So. 2d 922, 1991 WL 256876

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 887196

Cited 29 times | Published

lewd and lascivious assault upon a child under section 800.04, Florida Statutes (1987), and five counts of

Lewis v. State

591 So. 2d 922, 1991 WL 256876

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 887196

Cited 29 times | Published

lewd and lascivious assault upon a child under section 800.04, Florida Statutes (1987), and five counts of

Marcus Jamal Graham v. State of Florida

207 So. 3d 135, 41 Fla. L. Weekly Supp. 359, 2016 Fla. LEXIS 1969

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418543

Cited 28 times | Published

lewd or lascivious battery, in violation of section 800.04(4), for two acts that occurred during the course

United States v. Harry Lewis Ivory

475 F.3d 1232, 2007 WL 101190

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2007 | Docket: 226563

Cited 28 times | Published

committing the crime of sexual battery ....” Fla. Stat. § 800.04(1) (1993). In Ramsey, we concluded

State v. Meshell

2 So. 3d 132, 34 Fla. L. Weekly Supp. 41, 2009 Fla. LEXIS 250, 2009 WL 137514

Supreme Court of Florida | Filed: Jan 22, 2009 | Docket: 1643650

Cited 27 times | Published

convictions for lewd and lascivious battery, under section 800.04(4), Florida Statutes (2006), for vaginal penetration

Dautel v. State

658 So. 2d 88, 1995 WL 424183

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1525053

Cited 27 times | Published

lascivious assault on a child as provided in section 800.04, Florida Statutes (1991). As explained in the

State v. Brake

796 So. 2d 522, 2001 WL 1095088

Supreme Court of Florida | Filed: Sep 20, 2001 | Docket: 1249926

Cited 26 times | Published

convicted of a violation of chapter 794,[2] section 800.04,[3] or a similar law in another state, to intentionally

Palmer v. DEPT. OF HEALTH & REHAB. SERV.

547 So. 2d 981, 1989 WL 85716

District Court of Appeal of Florida | Filed: Aug 3, 1989 | Docket: 1474524

Cited 26 times | Published

lascivious act upon a child in violation of section 800.04, Florida Statutes (1985). The trial court sentenced

Cotita v. State

381 So. 2d 1146

District Court of Appeal of Florida | Filed: Feb 22, 1980 | Docket: 1722467

Cited 25 times | Published

lascivious act in violation of Florida Statute § 800.04[1] and sentencing him to fifteen years imprisonment

State of Florida v. Brian Mitchell Lee

223 So. 3d 342, 2017 WL 2374401, 2017 Fla. App. LEXIS 7886

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 6068564

Cited 24 times | Published

of age or older but less than 16 years of age.” § 800.04(4)(a)l., Fla Stat. (2013). For the purposes of

BB v. State

659 So. 2d 256, 1995 WL 382659

Supreme Court of Florida | Filed: Jun 29, 1995 | Docket: 1462766

Cited 24 times | Published

section 794.05 is materially different from section 800.04, Florida Statutes (1991),[1] which we upheld

BB v. State

659 So. 2d 256, 1995 WL 382659

Supreme Court of Florida | Filed: Jun 29, 1995 | Docket: 1462766

Cited 24 times | Published

section 794.05 is materially different from section 800.04, Florida Statutes (1991),[1] which we upheld

United States v. Jorge Ramirez-Gonzalez

755 F.3d 1267, 2014 WL 2808132, 2014 U.S. App. LEXIS 11730, 24 Fla. L. Weekly Fed. C 1487

Court of Appeals for the Eleventh Circuit | Filed: Jun 23, 2014 | Docket: 406038

Cited 23 times | Published

Based on that definition, we held that Fla. Stat. § 800.04 (1987), which proscribed “[l]ewd, lascivious,

Caylor v. State

78 So. 3d 482, 36 Fla. L. Weekly Supp. 615, 2011 Fla. LEXIS 2572, 2011 WL 5082614

Supreme Court of Florida | Filed: Oct 27, 2011 | Docket: 60305071

Cited 23 times | Published

trial that the victim was thirteen years old. See § 800.04(4), Fla. Stat. (2008) (defining lewd and lascivious

Carpenter v. State

884 So. 2d 385, 2004 WL 2069811

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1282213

Cited 23 times | Published

child under the age of sixteen in violation of section 800.04, Florida Statutes (1997). He was sentenced

Carpenter v. State

884 So. 2d 385, 2004 WL 2069811

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1282213

Cited 23 times | Published

child under the age of sixteen in violation of section 800.04, Florida Statutes (1997). He was sentenced

Wright v. State

739 So. 2d 1230, 1999 WL 594179

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 1294053

Cited 23 times | Published

act upon a child under age 16, a violation of section 800.04, Florida Statutes (1997). His guidelines scoresheet

United States v. Ramirez-Garcia

646 F.3d 778, 2011 U.S. App. LEXIS 14239, 2011 WL 2684908

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 2011 | Docket: 1859500

Cited 21 times | Published

Padilla-Reyes definition to a case involving Fla. Stat. § 800.04(1), the Court recently noted that "Padilla-Reyes

Audano v. State

641 So. 2d 1356, 1994 WL 440449

District Court of Appeal of Florida | Filed: Aug 17, 1994 | Docket: 1648624

Cited 21 times | Published

under sixteen years of age in violation of section 800.04(3), Florida Statutes (1991), by committing

Nussbaumer v. State

882 So. 2d 1067, 2004 WL 1905897

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1289609

Cited 20 times | Published

lascivious molestation on a child, a violation of section 800.04(5), Florida Statutes.[2] On or about June 20

Morris v. State

605 So. 2d 511, 1992 WL 213150

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 1702355

Cited 20 times | Published

contendere to lewd assault, a violation of section 800.04, Florida Statutes. Following his plea Morris

Torrence v. State

440 So. 2d 392

District Court of Appeal of Florida | Filed: Oct 4, 1983 | Docket: 1728455

Cited 20 times | Published

lewd and lascivious act, as prohibited under section 800.04, Florida Statutes (1981), was a lesser included

Bradford v. State

278 So. 2d 624

Supreme Court of Florida | Filed: May 30, 1973 | Docket: 1706362

Cited 20 times | Published

lascivious or indecent manner" contrary to Fla. Stat. § 800.04, F.S.A. The defendant was tried before a jury

Cabrera v. State

884 So. 2d 482, 2004 WL 2254537

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1282202

Cited 19 times | Published

language, structure, and legislative history of section 800.04. Cruller, 808 So.2d at 203. Id. at 1170. Our

State v. Werner

609 So. 2d 585, 1992 WL 318435

Supreme Court of Florida | Filed: Nov 5, 1992 | Docket: 1473806

Cited 19 times | Published

THE PROSECUTION OF A DEFENDANT CHARGED UNDER SECTION 800.04(3), FLORIDA STATUTES (1987)? *Page 586 We

State v. Sorakrai

543 So. 2d 294, 1989 WL 41177

District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 1437828

Cited 19 times | Published

lascivious conduct alleged to be violative of section 800.04(2), Florida Statutes (1987). That aspect of

Burnett v. State

848 So. 2d 1170, 2003 WL 21115618

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1309492

Cited 18 times | Published

ALTENBERND, C.J., and WHATLEY, J., Concur. NOTES [1] § 800.04(6), Fla. Stat. (1999). [2] § 827.071(5), Fla

Schmitt v. State

563 So. 2d 1095, 1990 WL 78966

District Court of Appeal of Florida | Filed: Jun 13, 1990 | Docket: 1281522

Cited 18 times | Published

Statutes (1987), sexual performance of a child; section 800.04, lewd or lascivious acts or indecent assault

Brown v. State

344 So. 2d 641

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 1517738

Cited 18 times | Published

The appellant was convicted of a violation of Section 800.04, Florida Statutes — specifically a lewd and

Brown v. State

344 So. 2d 641

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 1517738

Cited 18 times | Published

The appellant was convicted of a violation of Section 800.04, Florida Statutes — specifically a lewd and

Duncan v. State

291 So. 2d 241

District Court of Appeal of Florida | Filed: Mar 1, 1974 | Docket: 1704678

Cited 18 times | Published

certain lewd and lascivious manner as proscribed by § 800.04, F.S. 1971, F.S.A. We affirm. *243 The only point

De La Rosa v. U.S. Attorney General

579 F.3d 1327, 2009 U.S. App. LEXIS 18749, 2009 WL 2527296

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2009 | Docket: 563294

Cited 17 times | Published

age of sixteen in violation of Florida Statute § 800.04(3). The NTA charged that De la Rosa was subject

Welsh v. State

850 So. 2d 467, 2003 WL 21355197

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1783361

Cited 17 times | Published

lewd and lascivious conduct as set forth in section 800.04, Florida Statutes (1997), is a permissive lesser

Williams v. State

462 So. 2d 36

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 449467

Cited 17 times | Published

upon a child less than 14 years of age under Section 800.04, Florida Statutes (1983). He claims that he

State v. Merritt

714 So. 2d 1153, 1998 WL 412453

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 2528510

Cited 16 times | Published

ORFINGER, M., Senior Judge, concur. NOTES [1] § 800.4(2) and (3), Fla. Stat. (1995). [2] See Perkins

Capron v. State

948 So. 2d 954, 2007 WL 485988

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 1769648

Cited 15 times | Published

two counts of lewd and lascivious battery (section 800.04(4)(a), Florida Statutes (2004)), one count

Woodson v. State

864 So. 2d 512, 2004 WL 40521

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1727526

Cited 15 times | Published

lewd and lascivious conduct in violation of section 800.04, Florida Statutes. A third count of the information

Richards v. State

738 So. 2d 415, 1999 WL 445705

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1752377

Cited 15 times | Published

GREEN and SALCINES, JJ., Concur. NOTES [1] See § 800.04(1), Fla. Stat. (1991). [2] The offense of lewd

Fuller v. State

540 So. 2d 182, 1989 WL 22563

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1294385

Cited 15 times | Published

NOTES [1] § 794.011(2), Fla. Stat. (1987). [2] § 800.04(1), Fla. Stat. (1987). [3] This testimony was

Egal v. State

469 So. 2d 196, 10 Fla. L. Weekly 1303

District Court of Appeal of Florida | Filed: May 22, 1985 | Docket: 213325

Cited 15 times | Published

under the age of fourteen years, a violation of section 800.04, Florida Statutes (1984). A seven-year-old

State v. Young

357 So. 2d 416

District Court of Appeal of Florida | Filed: Jan 18, 1978 | Docket: 1511261

Cited 15 times | Published

habeas corpus to overturn his conviction under Section 800.04, Florida Statutes (1957), prohibiting lewd

Insko v. State

969 So. 2d 992, 2007 WL 2727127

Supreme Court of Florida | Filed: Sep 20, 2007 | Docket: 1404133

Cited 14 times | Published

lewd or lascivious conduct, in violation of section 800.04(6)(a)(2) and (b), Florida Statutes (2001).

King v. State

911 So. 2d 229, 2005 WL 2372723

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1751845

Cited 14 times | Published

November 2000 with lewd molestation pursuant to section 800.04(5)(a), Florida Statutes (2000). This offense

Morman v. State

811 So. 2d 714, 2002 WL 235673

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 1724481

Cited 14 times | Published

offends the guarantee against double jeopardy. Section 800.04(1), Florida Statutes (1997), the version of

Hess v. State

794 So. 2d 1249, 2001 WL 521307

Supreme Court of Florida | Filed: May 17, 2001 | Docket: 1737900

Cited 14 times | Published

a child was a prior violent felony per se. Section 800.04(1), Florida Statutes (1993), states that it

Hudson v. State

745 So. 2d 997, 1999 WL 770614

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 20689

Cited 14 times | Published

J., and CASANUEVA, J., Concur. NOTES [1] See § 800.04(3), Fla. Stat. (1995). [2] See § 790.221, Fla

Zwick v. State

730 So. 2d 759, 1999 WL 147321

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 1645228

Cited 14 times | Published

PENIS ON [THE VICTIM'S] BUTTOCKS contrary to section 800.04(2). More expansively, the jury was charged

Jones v. State

619 So. 2d 418, 1993 WL 186548

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 307734

Cited 14 times | Published

and Steven Williams (No. 92-1876) in which section 800.04, Florida Statutes (1991) was held unconstitutional

Moore v. State

469 So. 2d 947, 10 Fla. L. Weekly 1338

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1679595

Cited 14 times | Published

1984). [2] Fla.R.Crim.P. 3.701(d)(11). [3] Section 800.04, Florida Statutes (1983) provides: Any person

State v. Lanier

464 So. 2d 1192, 10 Fla. L. Weekly 139

Supreme Court of Florida | Filed: Feb 28, 1985 | Docket: 1661146

Cited 14 times | Published

INTERCOURSE' BE CONVICTED OF A VIOLATION OF SECTION 800.04, FLORIDA STATUTES (1981), WHERE THE UNDISPUTED

Seay v. State

286 So. 2d 532

Supreme Court of Florida | Filed: Nov 1, 1973 | Docket: 430530

Cited 14 times | Published

defendants to contest the validity of Section F.S. 800.04, F.S.A. on appeal after a plea of nolo contendere

Ebert v. State

140 So. 2d 63

District Court of Appeal of Florida | Filed: Apr 13, 1962 | Docket: 427493

Cited 14 times | Published

and SMITH, J., concur. NOTES [1] Fla. Stat. § 800.04, F.S.A.

Robinson v. State

881 So. 2d 29, 2004 WL 1685444

District Court of Appeal of Florida | Filed: Jul 29, 2004 | Docket: 1748656

Cited 13 times | Published

lewd and lascivious conduct, in violation of section 800.04(5)(b), Florida Statutes (2001), alleged in

Bauta v. State

698 So. 2d 860, 1997 WL 194122

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 434471

Cited 13 times | Published

lascivious, or indecent assault in violation of section 800.04, Florida Statutes (1991). We affirm. First

Hallberg v. State

649 So. 2d 1355, 1994 WL 585670

Supreme Court of Florida | Filed: Oct 27, 1994 | Docket: 1320715

Cited 13 times | Published

counts of committing a lewd act upon a child, section 800.04, Florida Statutes (1987)[1], and three counts

Wilson v. State

567 So. 2d 425, 1990 WL 130220

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 1381612

Cited 13 times | Published

BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] § 800.04, Fla. Stat. (1985), provides: Any person who:

State v. Murphy

124 So. 3d 323, 2013 WL 5567495

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60235450

Cited 12 times | Published

minor to commit a lewd or lascivious act. See § 800.04(6), Fla. Stat. The court in Randall held that

State v. Sholl

18 So. 3d 1158, 2009 Fla. App. LEXIS 14398, 2009 WL 3047390

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640481

Cited 12 times | Published

lewd and lascivious exhibition pursuant to section 800.04(7)(a), Florida Statutes (2008). Sholl moved

Binns v. State

979 So. 2d 439, 2008 WL 1805826

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1714469

Cited 12 times | Published

charged pursuant to an earlier version of section 800.04, Florida Statutes. As the elements of these

Kidd v. State

855 So. 2d 1165, 2003 WL 22259423

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1752588

Cited 12 times | Published

PETERSON and PLEUS, JJ., concur. NOTES [1] See § 800.04(4)(a), Fla. Stat. [2] Logan v. State, 846 So

JAS v. State

705 So. 2d 1381, 1998 WL 42190

Supreme Court of Florida | Filed: Feb 5, 1998 | Docket: 1581619

Cited 12 times | Published

WHETHER THE POTENTIAL PENALTY FOR VIOLATION OF SECTION 800.04, FLORIDA STATUTES, BY A MINOR UNDER THE AGE

O'BRYAN v. State

692 So. 2d 290, 1997 WL 205247

District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 2555898

Cited 12 times | Published

lewd and lascivious assault in violation of section 800.04(1), Florida Statutes (1993), or knowingly committing

Weatherford v. State

561 So. 2d 629, 1990 WL 57805

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 1480876

Cited 12 times | Published

committing a lewd act upon a child in violation of section 800.04, Florida Statutes. Weatherford argues on appeal

Dorch v. State

458 So. 2d 357

District Court of Appeal of Florida | Filed: Oct 18, 1984 | Docket: 1452800

Cited 12 times | Published

or act upon or in the presence of a child, Section 800.04, Florida Statutes. We affirm. On 1 July 1983

Potts v. State

427 So. 2d 822

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1151786

Cited 12 times | Published

making a lewd and lascivious assault on a child. § 800.04, Fla. Stat. (1981). After the jury found Potts

Hamilton v. State

88 So. 2d 606

Supreme Court of Florida | Filed: Jun 29, 1956 | Docket: 1747846

Cited 12 times | Published

finding him guilty of the offense defined by Section 800.04, Florida Statutes, F.S.A., condemning the fondling

Karwoski v. State

867 So. 2d 486, 2004 WL 330877

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1386359

Cited 11 times | Published

years of age on a person less than twelve and section 800.04(4) defines lewd or lascivious battery as twelve

McLean v. State

854 So. 2d 796, 2003 WL 22056269

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1459831

Cited 11 times | Published

[2] § 794.011(2)(a), Fla. Stat. (2000). [3] § 800.04(5), Fla. Stat. (2000). [4] The transcript of

Caulder v. State

500 So. 2d 1362, 12 Fla. L. Weekly 86

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1689620

Cited 11 times | Published

lewd assault, a second degree felony under section 800.04, Florida Statutes (1983), as a lesser offense

Lanier v. State

443 So. 2d 178

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1459043

Cited 11 times | Published

lascivious or indecent manner, both proscribed by Section 800.04, Florida Statutes (1981). The defendant was

Witherspoon v. State

278 So. 2d 611

Supreme Court of Florida | Filed: May 30, 1973 | Docket: 2231909

Cited 11 times | Published

the words "lewd and lascivious" in Fla. Stat. § 800.04, F.S.A., but this Court held the words sufficient

Triplett v. State

947 So. 2d 702, 2007 WL 419360

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1720359

Cited 10 times | Published

less than twelve years of age, in violation of section 800.04(5)(a)(b), Florida Statutes (2004). The sole

Cillo v. State

913 So. 2d 1233, 2005 WL 2990688

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1698268

Cited 10 times | Published

twelve, but under sixteen, in violation of section 800.04, Florida Statutes (1999). According to his

Sherrer v. State

898 So. 2d 260, 2005 WL 607907

District Court of Appeal of Florida | Filed: Mar 17, 2005 | Docket: 1732230

Cited 10 times | Published

lewd and lascivious molestation pursuant to section 800.04(5), Florida Statutes (2002). He contends on

Chien Fei Chuang v. U.S. Attorney General

382 F.3d 1299, 2004 U.S. App. LEXIS 18606

Court of Appeals for the Eleventh Circuit | Filed: Sep 2, 2004 | Docket: 2039810

Cited 10 times | Published

of a child under 16 in violation of Fla. Stat. § 800.04. In February 2000, the INS served Chuang with

Knarich v. State

866 So. 2d 165, 2004 WL 314515

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273790

Cited 10 times | Published

years, a second-degree felony in violation of section 800.04, Florida Statutes (1997), which is entitled

Altman v. State

852 So. 2d 870, 2003 WL 21697206

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 1305601

Cited 10 times | Published

of the victim, in violation of what was then section 800.04(1), Florida Statutes, and one count of lewd

Kulling v. State

827 So. 2d 311, 2002 WL 2030348

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1367561

Cited 10 times | Published

presence of a child under sixteen in violation of section 800.04(7)(b), Florida Statutes (2000). The ten-year-old

Kiriazes v. State

798 So. 2d 789, 2001 WL 1219487

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1668261

Cited 10 times | Published

respect to offenders convicted of a violation of section 800.04, lewd act upon a child: (5) Conditions imposed

State v. Johns

576 So. 2d 1332, 1991 WL 36399

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 1242475

Cited 10 times | Published

child under the age of 16 years, a violation of section 800.04, Florida Statutes (1985). The defendant was

Smith v. State

538 So. 2d 66, 1989 WL 5674

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 1517128

Cited 10 times | Published

or indecent acts on a child in violation of section 800.04, Florida Statutes. Upon jury trial, Smith was

Banks v. State

298 So. 2d 543

District Court of Appeal of Florida | Filed: Aug 15, 1974 | Docket: 1439120

Cited 10 times | Published

So.2d 498 (1st Cir.Fla. App. 1968). [2] Florida Statute 800.04. [3] This witness testified that he knew

Miami Health Studios, Inc. v. City of Miami Beach

353 F. Supp. 593

District Court, S.D. Florida | Filed: Jan 12, 1973 | Docket: 2214757

Cited 10 times | Published

interpret the term "lewd" with respect to F.S. § 800.04, F.S.A., which prohibits, inter alia, the knowing

Buchanan v. State

111 So. 2d 51

District Court of Appeal of Florida | Filed: Apr 21, 1959 | Docket: 2519903

Cited 10 times | Published

third conformed more or less to the language in Section 800.04, Florida Statutes, F.S.A., the punishment for

In Re Standard Inst. in Crim. Cases No. 2008-02

998 So. 2d 1138, 2008 WL 5245686

Supreme Court of Florida | Filed: Dec 18, 2008 | Docket: 41366

Cited 9 times | Published

instructions were based upon crimes set forth in section 800.04, Florida Statutes (2006), entitled "Lewd or

Abbott v. State

958 So. 2d 1140, 2007 WL 1827475

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1414715

Cited 9 times | Published

years of age, in violation of Florida Statute [section] 800.04(5)(b)." As to count two, the State contended

City of Clearwater v. Williamson

938 So. 2d 985, 2006 WL 2088322

District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 1673597

Cited 9 times | Published

the arrest was for an alleged violation of section 800.04, Florida Statutes (1995), which makes it unlawful

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

1998). Another amendment made any violation of section 800.04 a qualifying offense for the FSPA. See ch.

Loredo v. State

836 So. 2d 1103, 2003 WL 282928

District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 1499820

Cited 9 times | Published

lascivious, or indecent assault in violation of section 800.04(1), Florida Statutes (1997), asserting two

Bruno v. State

837 So. 2d 521, 28 Fla. L. Weekly Fed. D 422

District Court of Appeal of Florida | Filed: Feb 6, 2003 | Docket: 537894

Cited 9 times | Published

lewd and lascivious assaults in violation of section 800.04, Florida Statutes (1997), is illegal, and must

State v. Brockman

827 So. 2d 299, 2002 WL 2001331

District Court of Appeal of Florida | Filed: Sep 3, 2002 | Docket: 1726417

Cited 9 times | Published

a crime had been committed [in violation of section 800.04(5)(b), Florida Statutes] and that defendant

Nurse v. State

658 So. 2d 1074, 20 Fla. L. Weekly Fed. D 1555

District Court of Appeal of Florida | Filed: Jul 5, 1995 | Docket: 439639

Cited 9 times | Published

lewd assault on a child under fourteen, under Section 800.04, Florida Statutes (1975), was not (1) a necessarily

Velazquez v. State

648 So. 2d 302, 1995 WL 3017

District Court of Appeal of Florida | Filed: Jan 6, 1995 | Docket: 1701768

Cited 9 times | Published

years as set forth in section 800.04, Florida Statutes (1991), because section 800.04 is not a necessarily

King v. State

642 So. 2d 649, 1994 WL 502300

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 549700

Cited 9 times | Published

in the presence of a child, a violation of section 800.04. At the jury charge conference, prior to closing

Boland v. State

613 So. 2d 72, 1993 WL 8919

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 1511336

Cited 9 times | Published

under the age of sixteen years in violation of section 800.04, Florida Statutes (1987). The information charged

Wallis v. State

548 So. 2d 808, 1989 WL 101584

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1699055

Cited 9 times | Published

599 (Fla. 4th DCA 1977). NOTES [1] See e.g., section 800.04(1), Florida Statutes. [2] In conjunction with

State v. Maisto

427 So. 2d 1120

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1739704

Cited 9 times | Published

intent to commit sexual battery, in violation of Section 800.04, Florida Statutes (1981). There is no dispute

Webb v. State

426 So. 2d 1033

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1283263

Cited 9 times | Published

NOTES [1] § 794.011(2), Fla. Stat. (1981). [2] § 800.04, Fla. Stat. (1981). [3] U.S. Const. amend. VI;

Dodd v. State

232 So. 2d 235

District Court of Appeal of Florida | Filed: Feb 4, 1970 | Docket: 1303763

Cited 9 times | Published

unlawful act of fondling a child as proscribed by Section 800.04, F.S. 1967, F.S.A. The trial by jury ended

Wilk v. State

217 So. 2d 610

District Court of Appeal of Florida | Filed: Jan 7, 1969 | Docket: 1195926

Cited 9 times | Published

age of 14 years, in violation of § 800.01 and § 800.04, Fla. Stat., F.S.A. respectively. He was tried

Ross v. State

112 So. 2d 69

District Court of Appeal of Florida | Filed: May 14, 1959 | Docket: 1308512

Cited 9 times | Published

under 14 years of age.[1] The offense, covered by § 800.04, Fla. Stat., F.S.A.,[2] is included as an offense

Somervell v. State

883 So. 2d 836, 2004 WL 1697711

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 1369416

Cited 8 times | Published

lewd and lascivious manner, in violation of section 800.04(6)(a)(1) and (6)(b), Florida Statutes (2001)

Gonzales v. State

816 So. 2d 720, 2002 WL 832199

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 1557659

Cited 8 times | Published

NOTES [1] § 794.011(2), Fla. Stat. (1989). [2] § 800.04, Fla. Stat. (1989). [3] § 775.082(3)(c). Fla

Graham v. State

779 So. 2d 604, 2001 WL 194055

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 420214

Cited 8 times | Published

sixteen, a second-degree felony in violation of section 800.04(4), Florida Statutes (1997), and failure to

Altman v. State

756 So. 2d 148, 2000 WL 276029

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1516745

Cited 8 times | Published

assaults which were violations of what is now section 800.04(1), Florida Statutes, for tongue-kissing the

Foburg v. State

744 So. 2d 1175, 1999 WL 992726

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721499

Cited 8 times | Published

child under the age of sixteen, in violation of section 800.04(1), Florida Statutes (1995); transmitting or

Harris v. State

742 So. 2d 835, 1999 WL 770618

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1303332

Cited 8 times | Published

Count I, Appellant was charged with violating section 800.04(3), Florida Statutes (1997), in that he committed

JM v. State

677 So. 2d 890, 1996 WL 346929

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1723714

Cited 8 times | Published

upon a person under the age of 16 pursuant to section 800.04, Florida Statutes (1993). HRS prepared a predisposition

State v. Greenberg

564 So. 2d 1176, 1990 WL 98592

District Court of Appeal of Florida | Filed: Jul 17, 1990 | Docket: 1689042

Cited 8 times | Published

lewd and lascivious assault of a minor under section 800.04, Florida Statutes (1985). We reverse the order

Hicks v. State

561 So. 2d 1284, 1990 WL 68728

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 1370464

Cited 8 times | Published

2d DCA 1989), dealing with a violation of section 800.04(2) (lewd assault upon a child), we hold that

Scharfschwerdt v. Kanarek

553 So. 2d 218, 1989 WL 133063

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 662333

Cited 8 times | Published

lascivious assault upon a child in violation of section 800.04, Florida Statutes (1984) (counts I & III),

Wise v. State

546 So. 2d 1068, 1989 WL 57226

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1730997

Cited 8 times | Published

in the presence of a child in violation of section 800.04, Florida Statutes (1985); count IV alleged

Brenton McNeil v. State of Florida

215 So. 3d 55, 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684628

Cited 7 times | Published

lewd or lascivious molestation in violation of section 800.04(5), Florida Statutes (2006), which requires

Brown v. State

25 So. 3d 78, 2009 Fla. App. LEXIS 19771, 2009 WL 4877710

District Court of Appeal of Florida | Filed: Dec 18, 2009 | Docket: 2409272

Cited 7 times | Published

lewd or lascivious offenses in violation of section 800.04, Florida Statutes (2005), are prohibited by

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

victim's parent or guardian. Sexual Activity [F.S. 800.04(4)] The offense ____ did ____ did not involve

Grosso v. State

2 So. 3d 362, 2008 Fla. App. LEXIS 19373, 2008 WL 5352103

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1138730

Cited 7 times | Published

convictions for violations of Chapter 794 and Section 800.04, Florida Statutes, and his new offense. See

Khianthalat v. State

935 So. 2d 583, 2006 WL 2191322

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1670996

Cited 7 times | Published

older but less than sixteen years of age under section 800.04(4), Florida Statutes (2002). The information

Gisi v. State

909 So. 2d 531, 2005 WL 2086340

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 473988

Cited 7 times | Published

violations of section 800.04, Florida Statutes (1997): sexual intercourse in violation of section 800.04(2) (counts

Pezzo v. State

903 So. 2d 960, 2005 WL 900590

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1258252

Cited 7 times | Published

in the state's second amended information. See § 800.04(5)(c)(2), Fla. *961 Stat. (2004). Pezzo seeks

Hunsicker v. State

881 So. 2d 1166, 2004 WL 1857604

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1465877

Cited 7 times | Published

molestation alleged in count five in violation of section 800.04(5), Florida Statutes (2001), was life imprisonment

Cabanela v. State

871 So. 2d 279, 2004 WL 584685

District Court of Appeal of Florida | Filed: Mar 25, 2004 | Docket: 1709455

Cited 7 times | Published

Cabanela was charged by amended information, under section 800.04, Florida Statutes (1995), with four counts

Lane v. State

861 So. 2d 451, 2003 WL 22136076

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1514156

Cited 7 times | Published

lesser included offense of the sexual battery. See § 800.04, Fla. Stat. (1975); Ray, 403 So.2d at 958. Both

Boutwell v. State

776 So. 2d 1014, 2001 WL 43092

District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 421742

Cited 7 times | Published

the State charged Boutwell with violation of section 800.04, Florida Statutes, lewd or lascivious assault

State v. Whiting

711 So. 2d 1212, 1998 WL 210767

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1337498

Cited 7 times | Published

for committing a lewd act upon a child under section 800.04, because "irrelevance of consent as a defense

Echols v. State

660 So. 2d 782, 1995 WL 552361

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1637073

Cited 7 times | Published

the age of sixteen, offenses proscribed under section 800.04, Florida Statutes (1987). Appellant entered

Garcia v. State

659 So. 2d 388, 1995 WL 421258

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1747976

Cited 7 times | Published

lascivious assault on a child in violation of section 800.04(1), Florida Statutes (1991), alleging that

Fjord v. State

634 So. 2d 714, 1994 WL 81814

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 1737758

Cited 7 times | Published

less than 16 years of age, in violation of section 800.04, Florida Statutes (1991). We find his convictions

Smith v. State

632 So. 2d 644, 1994 WL 30334

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 462440

Cited 7 times | Published

lascivious or indecent manner, as proscribed by section 800.04(1), Florida Statutes (Supp. 1990). He argues

Williams v. State

627 So. 2d 1279, 1993 WL 502610

District Court of Appeal of Florida | Filed: Dec 9, 1993 | Docket: 1752850

Cited 7 times | Published

assault upon a child under sixteen years of age. § 800.04, Fla. Stat. (Supp. 1990). Six days prior to trial

Kolaric v. State

616 So. 2d 117, 1993 WL 84940

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 1367652

Cited 7 times | Published

a lesser included offense to these charges. Section 800.04, Florida Statutes (1989), pertaining to lewd

Coley v. State

616 So. 2d 1017, 1993 WL 72060

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1367985

Cited 7 times | Published

in the presence of a child, in violation of section 800.04, Florida Statutes (1989). That crime is a second

Lifka v. State

530 So. 2d 371, 1988 WL 81550

District Court of Appeal of Florida | Filed: Aug 8, 1988 | Docket: 1268197

Cited 7 times | Published

lewd manner, contrary to the provisions of Section 800.04, Florida Statutes." He contends that the trial

Senior v. State

502 So. 2d 1360, 12 Fla. L. Weekly 622

District Court of Appeal of Florida | Filed: Feb 26, 1987 | Docket: 1181229

Cited 7 times | Published

lascivious assault upon a child in violation of section 800.04(1), Florida Statutes (1985), and subsequently

Gaffney v. State

497 So. 2d 1292, 11 Fla. L. Weekly 2382

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 1689747

Cited 7 times | Published

the jury appellant's requested instruction on section 800.04.[3] The evidence was conflicting as to whether

Gotthardt v. State

475 So. 2d 281, 10 Fla. L. Weekly 2108

District Court of Appeal of Florida | Filed: Sep 12, 1985 | Docket: 1302021

Cited 7 times | Published

reversed and the one felony conviction under section 800.04, Fla. Stat. should be affirmed. NOTES [1]

Ray v. State

374 So. 2d 1002

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430516

Cited 7 times | Published

committing a lewd and lascivious act as proscribed by § 800.04, Fla. Stat. (1975) and judgment and sentence were

Knox v. State

361 So. 2d 799

District Court of Appeal of Florida | Filed: Aug 4, 1978 | Docket: 1288113

Cited 7 times | Published

Appellant, convicted below of a violation of Section 800.04, Florida Statutes (1975), appeals his judgment

State v. Cadieu

353 So. 2d 150

District Court of Appeal of Florida | Filed: Nov 29, 1977 | Docket: 424314

Cited 7 times | Published

judgment on Cadieu's conviction for violation of Section 800.04, Florida Statutes (1975), providing: "Any person

Summit v. State

285 So. 2d 670

District Court of Appeal of Florida | Filed: Oct 2, 1973 | Docket: 46538

Cited 7 times | Published

child under the age of fourteen (14) [Fla. Stat. § 800.04, F.S.A.]. On appeal one of appellant's contentions

Sutton v. State

51 So. 2d 725, 1951 Fla. LEXIS 1292

Supreme Court of Florida | Filed: Apr 10, 1951 | Docket: 1680806

Cited 7 times | Published

under the age of fourteen years, contrary to Section 800.04, F.S.A. A sentence of three *726 years in the

United States v. Arnold Maurice Mathis

767 F.3d 1264, 2014 U.S. App. LEXIS 18297, 2014 WL 4724697

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 2014 | Docket: 1328195

Cited 6 times | Published

lascivious assault on a child, in violation of § 800.04 of the Florida Statutes. The Government also introduced

Rios v. State

19 So. 3d 1004, 2009 Fla. App. LEXIS 10966, 2009 WL 2408233

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 1651750

Cited 6 times | Published

certain of Gisi's convictions for violations of section 800.04, Florida Statutes (1997), were barred by the

State v. Mason

979 So. 2d 301, 2008 WL 678657

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1714088

Cited 6 times | Published

less than twelve years of age in violation of section 800.04(5)(a)(b), Florida Statutes (2004). The State

Meredith v. State

964 So. 2d 247, 2007 WL 2609392

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 1689887

Cited 6 times | Published

so touch the defendant, in violation of Florida Statute 800.04(5)(b); . . . Before trial, the defendant

Rogers v. State

963 So. 2d 328, 2007 WL 2330927

District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 1697317

Cited 6 times | Published

under sixteen, a felony of the second degree, see § 800.04(4)(a), Fla. Stat. (2003), subject to a statutory

Harroll v. State

960 So. 2d 797, 2007 Fla. App. LEXIS 9547, 2007 WL 1753560

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1407046

Cited 6 times | Published

assault on a child under the age of twelve, see § 800.04, Fla. Stat. (1990), and sexual battery on a minor

State v. Munro

903 So. 2d 381, 2005 WL 1412059

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 1258011

Cited 6 times | Published

years old. The charged offense, a violation of section 800.04, Florida Statutes (1995), is a second-degree

State v. Hamner

816 So. 2d 810, 2002 WL 999369

District Court of Appeal of Florida | Filed: May 17, 2002 | Docket: 1753314

Cited 6 times | Published

cross-appeal. [2] § 794.011(2), Fla. Stat. (1993). [3] § 800.04(3), Fla. Stat. (1997). [4] § 794.011(2), § 777

State v. Rodriguez

785 So. 2d 759, 2001 WL 608990

District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 1510175

Cited 6 times | Published

minor under 16 years of age in violation of section 800.04(5), Florida Statutes (1999). Rodriguez maintained

State v. Rodriguez

785 So. 2d 759, 2001 WL 608990

District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 1510175

Cited 6 times | Published

minor under 16 years of age in violation of section 800.04(5), Florida Statutes (1999). Rodriguez maintained

Kitts v. State

766 So. 2d 1067, 2000 WL 553926

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740

Cited 6 times | Published

indecent manner; ..." commits a criminal act. § 800.04(1), Fla. Stat. (1997). The point on appeal is

Graham v. State

658 So. 2d 642, 1995 WL 443480

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 439398

Cited 6 times | Published

concurs in result without opinion. NOTES [1] § 800.04, Fla. Stat. (1987). [2] Maguire v. State, 586

Gaines v. State

652 So. 2d 458, 1995 WL 119227

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 2526427

Cited 6 times | Published

The crime of lewd assault is proscribed by section 800.04(1), Florida Statutes (1991). In its instructions

Wilson v. State

622 So. 2d 31, 1993 WL 247135

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1529067

Cited 6 times | Published

lascivious or indecent manner, in violation of section 800.04(1). The alleged victims of the offenses are

State v. Crosby

599 So. 2d 138, 1992 WL 80552

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1741516

Cited 6 times | Published

child under the age of sixteen in violation of section 800.04(1), Florida Statutes. The defendant moved to

In Interest of KC

582 So. 2d 741, 1991 Fla. App. LEXIS 6573, 1991 WL 120787

District Court of Appeal of Florida | Filed: Jul 10, 1991 | Docket: 1363122

Cited 6 times | Published

put on the victim's lack of chastity, citing section 800.04, Florida Statutes (1989). We agree with the

Blanton v. State

546 So. 2d 1181, 1989 WL 85720

District Court of Appeal of Florida | Filed: Aug 3, 1989 | Docket: 1730998

Cited 6 times | Published

concurs specially without opinion. NOTES [1] § 800.04, Fla. Stat. (1987). [2] Blanton had been originally

Furlow v. State

529 So. 2d 804, 1988 WL 81959

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 1523846

Cited 6 times | Published

Judge. Furlow was convicted of a violation of Section 800.04(2), Florida Statutes, as charged in count I

State v. Allen

519 So. 2d 1076, 1988 WL 6401

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 1698554

Cited 6 times | Published

the age of 12; in count II with violation of section 800.04, Florida Statutes, lewd and lascivious assault

Barrentine v. State

504 So. 2d 533, 12 Fla. L. Weekly 905

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 453502

Cited 6 times | Published

lascivious assault upon a child, in violation of section 800.04, Florida Statutes. Appellant raises two issues

O'BRIGHT v. State

508 So. 2d 385, 12 Fla. L. Weekly 807

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 1153473

Cited 6 times | Published

the crime of sexual battery, contrary to Florida Statute 800.04(1)." Florida Statute 794.011, in pertinent

Norris v. State

503 So. 2d 911, 12 Fla. L. Weekly 306

District Court of Appeal of Florida | Filed: Jan 22, 1987 | Docket: 1733250

Cited 6 times | Published

NOTES [1] § 794.011(2), Fla. Stat. (1985). [2] § 800.04(1), Fla. Stat. (1985). [3] Laster v. State, 486

Worling v. State

484 So. 2d 94, 11 Fla. L. Weekly 576

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 240938

Cited 6 times | Published

HER PUBIC AREA, contrary to section 800.04, Florida Statutes. Section 800.04 is written in the disjunctive

Borgess v. State

455 So. 2d 488

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 426483

Cited 6 times | Published

of lewd and lascivious assault in violation of § 800.04, Florida Statutes, with consecutive sentences

Odom v. State

375 So. 2d 1079

District Court of Appeal of Florida | Filed: Aug 28, 1979 | Docket: 1353224

Cited 6 times | Published

assault on a child under the age of 14 years, Section 800.04, Florida Statutes (1977). Although the child

Garrard v. State

335 So. 2d 603

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 1306353

Cited 6 times | Published

minor under the age of 14 years, in violation of § 800.04, Fla. Stat. He was tried by jury, found guilty

Hawkins v. State

326 So. 2d 229

District Court of Appeal of Florida | Filed: Jan 30, 1976 | Docket: 1434151

Cited 6 times | Published

credibility. *230 Appellant was charged under Fla. Stat. § 800.04 (1973) with committing a lewd and lascivious act

Swain v. State

172 So. 2d 3

District Court of Appeal of Florida | Filed: Feb 2, 1965 | Docket: 1764516

Cited 6 times | Published

the guilt of the accused of a lesser offense. Section 800.04, Fla. Stat., F.S.A., denounces lewd, lascivious

United States v. Thomas Patrick Keelan

786 F.3d 865, 2015 WL 2215388

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2015 | Docket: 2656558

Cited 5 times | Published

held a conviction for lewd assault under Florida Statute 800.04 qualifies as a “crime of violence” within

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-01

109 So. 3d 721, 2013 WL 535407

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229786

Cited 5 times | Published

APPENDIX 11.10(c) LEWD OR LASCIVIOUS MOLESTATION § 800.04(5), Fla. Stat. To prove the crime of Lewd or Lascivious

Tasker v. State

48 So. 3d 798, 35 Fla. L. Weekly Supp. 658, 2010 Fla. LEXIS 1936, 2010 WL 4483514

Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 60296624

Cited 5 times | Published

plea, Tasker pled guilty to a violation of section 800.04(5) — lewd and lascivious molestation of a person

Rincon v. State

996 So. 2d 922, 2008 WL 5070459

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1316769

Cited 5 times | Published

by an offender over eighteen years of age. See § 800.04(5)(b), Fla. Stat. (2000). The state dismissed

Bevard v. State

976 So. 2d 1163, 2008 WL 678675

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1679873

Cited 5 times | Published

less than 16 years of age, in violation of section 800.04(5), Florida Statutes (2004). A jury found him

Abrams v. State

971 So. 2d 1033, 2008 WL 140963

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1446118

Cited 5 times | Published

section 794.011(2), Florida Statutes (1993), and section 800.04(1), (4), Florida Statutes (1993), respectively

Jones v. State

944 So. 2d 533, 2006 WL 3750446

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 285746

Cited 5 times | Published

THOMPSON and LAWSON, JJ., concur. NOTES [1] § 800.04(5)(c)(2), Fla. Stat. [2] Florida Rule of Criminal

Method v. State

920 So. 2d 141, 2006 WL 229919

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 1441330

Cited 5 times | Published

underneath her clothing, contrary to F.S. 800.04(6)(a) and F.S. 800.04(6)(b)." (Emphasis added). Count II

State v. Wheeler

891 So. 2d 614, 2005 WL 155463

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 59048

Cited 5 times | Published

under the age of sixteen years in violation of section 800.04(2), Florida Statutes (1997). Because the downward

Jones v. State

883 So. 2d 369, 2004 WL 2173349

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 1402451

Cited 5 times | Published

a minor, his stepdaughter, in violation of section 800.04, Florida Statutes (1997).[1] The case came

Insko v. State

884 So. 2d 312, 2004 WL 1905755

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1281835

Cited 5 times | Published

404(2)(b)(2). In this case Insko was charged under section 800.04(6)(a)(2) and (b) and the victim was thirteen

Mijarez v. State

889 So. 2d 827, 29 Fla. L. Weekly Fed. D 1912

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1488194

Cited 5 times | Published

lascivious molestation, all in violation of section 800.04 of the Florida Statutes. The jury found Mijarez

Wesner v. State

843 So. 2d 1039, 2003 WL 21032047

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1670545

Cited 5 times | Published

offense of lewd act on a child, a violation of section 800.04, Florida Statutes (2000), in exchange for a

Gilson v. State

795 So. 2d 105, 2001 WL 864260

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1673204

Cited 5 times | Published

with which Gilson was charged was section 800.04(4). Section 800.04(4) reads: LEWD OR LASCIVIOUS BATERY

Roma v. State

785 So. 2d 1269, 2001 WL 627612

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 1510126

Cited 5 times | Published

lascivious act on a child, in violation of section 800.04(1), Florida Statutes (1995). The sole issue

Morris v. State

789 So. 2d 1032, 2001 WL 567626

District Court of Appeal of Florida | Filed: May 29, 2001 | Docket: 1325989

Cited 5 times | Published

Procedure 3.190(c)(4), and with a contention that § 800.04(4), Fla. Stat. (1997), could not be applied to

Seagrave v. State

768 So. 2d 1121, 2000 WL 1152501

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 526679

Cited 5 times | Published

Consent is a statutorily precluded defense under section 800.04, Florida Statutes (1997), in cases of lewd

Holybrice v. State

753 So. 2d 621, 2000 WL 201440

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 1433214

Cited 5 times | Published

upon a child under the age of 16 years under section 800.04(3), Florida Statutes (1997). The sentencing

Melton v. State

746 So. 2d 1188, 1999 WL 1116951

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 782762

Cited 5 times | Published

child under the age of sixteen in violation of section 800.04, Florida Statutes (1997). The trial court did

State v. Rife

733 So. 2d 541, 1999 WL 148030

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1188179

Cited 5 times | Published

premise—i.e., in a prosecution pursuant to section 800.04, Florida Statutes, a victim's willing participation

Killian v. State

730 So. 2d 360, 1999 WL 155723

District Court of Appeal of Florida | Filed: Mar 24, 1999 | Docket: 1755378

Cited 5 times | Published

See § 794.011(2), Fla. Stat. (1997). [2] See § 800.04(1), Fla. Stat. (1997). [3] See § 827.071(2),

Roberts v. State

715 So. 2d 302, 1998 WL 396728

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 1366087

Cited 5 times | Published

(1993). [2] § 800.04(4), Fla. Stat. (1993). [3] § 794.011(8)(b), Fla. Stat. (1993). [4] § 800.04(4), Fla

Ortiz v. State

696 So. 2d 916, 1997 WL 364513

District Court of Appeal of Florida | Filed: Jul 3, 1997 | Docket: 1696294

Cited 5 times | Published

lewd and lascivious behavior in violation of section 800.04, Fla. Stat. That crime is a second degree felony

Rowles v. State

682 So. 2d 1184, 21 Fla. L. Weekly Fed. D 2393

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 417590

Cited 5 times | Published

658 So.2d 642 (Fla. 5th DCA 1995). NOTES [1] § 800.04(1), Fla. Stat. (1995).

State v. Smith

668 So. 2d 639, 1996 WL 64775

District Court of Appeal of Florida | Filed: Feb 16, 1996 | Docket: 1290530

Cited 5 times | Published

policies. The State principally urges that section 800.04, Florida Statutes (1993), the statute which

State v. Mitchell

624 So. 2d 859, 1993 WL 393625

District Court of Appeal of Florida | Filed: Oct 8, 1993 | Docket: 1517903

Cited 5 times | Published

or indecent act upon a child; a violation of section 800.04(1), Florida Statutes (1991). The only issue

Hallberg v. State

621 So. 2d 693, 1993 WL 143872

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 1677792

Cited 5 times | Published

1988. Count I charged appellant with violating section 800.04(3) (lewd act upon a child) by committing an

Bullington v. State

616 So. 2d 1036, 1993 WL 72061

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1726849

Cited 5 times | Published

have charged the defendant with a violation of section 800.04, Florida Statutes (1989), entitled "lewd, lascivious

State v. Bowland

604 So. 2d 556, 1992 WL 206418

District Court of Appeal of Florida | Filed: Aug 26, 1992 | Docket: 1686520

Cited 5 times | Published

assault or act upon a child in violation of section 800.04, Florida Statutes (1989). Over the state's

Lawrence v. State

590 So. 2d 1068, 1991 WL 268560

District Court of Appeal of Florida | Filed: Dec 19, 1991 | Docket: 2547701

Cited 5 times | Published

convicted of lewd and lascivious assault upon a child (§ 800.04(1), Fla. Stat.) and two burglaries of a structure

Singleton v. State

582 So. 2d 657, 1991 WL 103455

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 1363181

Cited 5 times | Published

years, in violation of Section 800.04(2), Florida Statutes (1987). Section 800.04 provides that such an

Hernandez v. State

575 So. 2d 1321, 1991 WL 18242

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 1443446

Cited 5 times | Published

charging assault under section 800.04(1) rather a lewd act under section 800.04(3) may be that a charge

Lewis v. State

570 So. 2d 412, 1990 WL 181557

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 472649

Cited 5 times | Published

information charged appellant with violations of section 800.04, Florida Statutes,[2] and counts three through

McGahee v. State

561 So. 2d 333, 1990 WL 48648

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1480923

Cited 5 times | Published

assault or acts on or in the presence of a child (section 800.04). At the time of the offenses alleged in this

Firkey v. State

557 So. 2d 582, 1989 WL 78350

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 456944

Cited 5 times | Published

lascivious, indecent assault or act upon a child, section 800.04, Florida Statutes (1973), occurred at the same

Disinger v. State

526 So. 2d 213, 1988 WL 57432

District Court of Appeal of Florida | Filed: Jun 9, 1988 | Docket: 1679684

Cited 5 times | Published

assault on a child under 16, in violation of section 800.04(1), Florida Statutes (1985). We affirm his

MacKey v. State

516 So. 2d 330, 1987 WL 2629

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 1678057

Cited 5 times | Published

touching the victim about the crotch, contrary to section 800.04, Florida Statutes. Appellant pled nolo contendere

LLN v. State

504 So. 2d 6

District Court of Appeal of Florida | Filed: Feb 18, 1987 | Docket: 453437

Cited 5 times | Published

decision was to uphold the constitutionality of section 800.04, Florida Statutes (1985), and affirm the appellant's

Smelley v. State

500 So. 2d 318, 12 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1295289

Cited 5 times | Published

court observed that the "applicable statute [section 800.04] is written in the disjunctive so that physical

Smelley v. State

500 So. 2d 318, 12 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1295289

Cited 5 times | Published

court observed that the "applicable statute [section 800.04] is written in the disjunctive so that physical

Crenshaw v. State

490 So. 2d 1054, 11 Fla. L. Weekly 1469

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 1489225

Cited 5 times | Published

less than 14 years of age in contravention of Section 800.04, Florida Statutes (1983). We affirm without

Hightower v. State

488 So. 2d 106, 11 Fla. L. Weekly 975

District Court of Appeal of Florida | Filed: Apr 24, 1986 | Docket: 1287170

Cited 5 times | Published

lewd and lascivious conduct *107 pursuant to section 800.04, Florida Statutes (1983),[2] as a lesser included

Walker v. State

464 So. 2d 1325, 10 Fla. L. Weekly 704

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 2589301

Cited 5 times | Published

NOTES [1] § 794.011(2), Fla. Stat. (1983). [2] § 800.04, Fla. Stat. (1983). [3] The Supreme Court Committee

Dorman v. State

457 So. 2d 503

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 426075

Cited 5 times | Published

under the age of fourteen, in violation of section 800.04, Florida Statutes. The information was subsequently

Sweat v. State

454 So. 2d 749

District Court of Appeal of Florida | Filed: Aug 23, 1984 | Docket: 444641

Cited 5 times | Published

upon or in the presence of a child contrary to Section 800.04, Florida Statutes. Sweat elected to be sentenced

Harrielson v. State

441 So. 2d 691

District Court of Appeal of Florida | Filed: Nov 17, 1983 | Docket: 1699095

Cited 5 times | Published

offense thereof is lewd assault as defined by section 800.04, *692 Florida Statutes (1981). That section

Lesovsky v. State

198 So. 3d 988, 2016 Fla. App. LEXIS 12073, 2016 WL 4205336

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 60256520

Cited 4 times | Published

mouth of [the victim], contrary to F.S. 800.04(6)(a) and F.S. 800.04(6)(b)” (“Count IV”). (Emphasis added)

Ramon F. Danny, Jr. v. Secretary, Florida Department of Corrections

811 F.3d 1301, 2016 U.S. App. LEXIS 1783, 2016 WL 403183

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2016 | Docket: 3032874

Cited 4 times | Published

less than 12 years old. See Fla. Stat. § 800.04(5)(b). Danny pleaded guilty because the state

Sanders v. State

101 So. 3d 373, 2012 WL 4512774, 2012 Fla. App. LEXIS 16705

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60226271

Cited 4 times | Published

Sanders’ dual convictions for these offenses. Section 800.04(5)(a), Florida Statutes (2009), defines the

Lowe v. State

40 So. 3d 789, 2010 Fla. App. LEXIS 9748, 2010 WL 2628658

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1219402

Cited 4 times | Published

lewd or lascivious exhibition in violation of section 800.04(7)(a), Florida Statutes (2009). Lowe moved

Cuevas v. State

31 So. 3d 290, 2010 Fla. App. LEXIS 4191, 2010 WL 1222737

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647699

Cited 4 times | Published

molestation of a child under twelve years of age, *293 § 800.04(5), Fla. Stat. (2000), and lewd and lascivious

Wilson v. State

12 So. 3d 292, 2009 Fla. App. LEXIS 8793, 2009 WL 1675724

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1647071

Cited 4 times | Published

lewd or lascivious exhibition in violation of section 800.04, Florida Statutes (2006). Count I alleged that

Andre v. State

13 So. 3d 103, 2009 Fla. App. LEXIS 5444, 34 Fla. L. Weekly Fed. D 1010

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 363654

Cited 4 times | Published

older, victim twelve or younger in violation of section 800.04(5)(b), Florida Statutes (2006). The relevant

Beahr v. State

992 So. 2d 844, 2008 WL 4377316

District Court of Appeal of Florida | Filed: Sep 29, 2008 | Docket: 1388968

Cited 4 times | Published

lewd or lascivious molestation, contrary to section 800.04(5)(b), Florida Statutes (2004). At trial, the

Meshell v. State

980 So. 2d 1169, 2008 WL 977193

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1416899

Cited 4 times | Published

sexual battery found in section 794.011. Compare § 800.04(1)(a) ("`Sexual activity' means the oral, anal

Garcia v. State

976 So. 2d 676, 2008 WL 724031

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 464140

Cited 4 times | Published

jury on lewd or lascivious molestation under section 800.04(5)(a), Florida Statutes (2004), as a permissive

Foreman v. State

965 So. 2d 1171, 2007 WL 2317302

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 99871

Cited 4 times | Published

constituting a violation of either section 794.011 or section 800.04 Fla. Stat. (1997) and therefore, by definition

State v. DA

939 So. 2d 149

District Court of Appeal of Florida | Filed: Sep 22, 2006 | Docket: 1237431

Cited 4 times | Published

period to correct an erroneous citation to section 800.04(5)(c)(2), Florida Statutes (which applies to

State v. Roberson

884 So. 2d 976, 2004 WL 2071196

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1683028

Cited 4 times | Published

but less than 16 years of age in violation of section 800.04(4)(a), Florida Statutes (2003), and two counts

United States v. Searcy

299 F. Supp. 2d 1285, 2003 U.S. Dist. LEXIS 24093, 2003 WL 23191034

District Court, S.D. Florida | Filed: Dec 17, 2003 | Docket: 2476448

Cited 4 times | Published

905 (holding that conviction under Fla. Stat. § 800.04[6]*1290 qualified as a crime of violence under

Therrien v. State

859 So. 2d 585, 2003 WL 22768356

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1284683

Cited 4 times | Published

than sixteen years of age, in violation of section 800.04, Florida Statutes (1995). An able and highly

Marreel v. State

841 So. 2d 600, 2003 WL 1720169

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 1234094

Cited 4 times | Published

847.0135, Fla. Stat. (2000)(emphasis added). Section 800.04(1)(a), Florida Statutes, prohibits oral, anal

State v. Smith

832 So. 2d 249, 2002 WL 31729016

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1335732

Cited 4 times | Published

REMAND. COBB and PETERSON, JJ., concur. NOTES [1] § 800.04(4)(a), Fla. Stat. (2000).

Hartline v. State

806 So. 2d 595, 2002 WL 125678

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 2575448

Cited 4 times | Published

023, Fla. Stat. (1995). [3] § 800.04(1), Fla. Stat. (1995). [4] § 800.04(3), Fla. Stat. (1995).

State v. Snyder

807 So. 2d 117, 2002 WL 80954

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1750880

Cited 4 times | Published

on a child 12-16 years old in violation of Section 800.04(4), Florida Statutes (2001). On September 6

Baker v. State

804 So. 2d 564, 2002 WL 63354

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699446

Cited 4 times | Published

a child under the age of 16 in violation of section 800.04(3), Florida Statutes (1997). He contends that

Burnsed v. State

743 So. 2d 139, 1999 WL 890487

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 77615

Cited 4 times | Published

section 794.011(2), Florida Statutes (1991), and section 800.04(1), Florida Statutes (1991), respectively.

Lowman v. State

720 So. 2d 1105, 1998 WL 712464

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1371147

Cited 4 times | Published

See § 794.011(8)(b), Fla. Stat.(1995). [2] See § 800.04(1), Fla. Stat.(1995). [3] The guidelines changed

May v. State

721 So. 2d 741, 1998 WL 698178

District Court of Appeal of Florida | Filed: Oct 9, 1998 | Docket: 2581817

Cited 4 times | Published

lewd or lascivious act on a child under sixteen. § 800.04, Fla. Stat. (1997). Appellant's sentence was based

State v. Cunningham

712 So. 2d 1221, 1998 WL 336329

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1737419

Cited 4 times | Published

a minor less than sixteen, in violation of section 800.04, Florida Statutes (1991). As these statutes

Perry v. State

705 So. 2d 615, 1998 WL 2511

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 1753748

Cited 4 times | Published

794.041, Fla. Stat., now § 794.011(8)(b). [2] § 800.04, Fla. Stat. (1993).

Grady v. State

701 So. 2d 1181, 1997 WL 662386

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1443174

Cited 4 times | Published

upon child under age of 16 years in violation of § 800.04, Fla. Stat.); Green v. State, 580 So.2d 321 (Fla

Zopf v. Singletary

686 So. 2d 680, 1996 WL 728695

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1675963

Cited 4 times | Published

(Count I); a lewd assault upon a child under section 800.04(1), Florida Statutes (Count II); and a lewd

State v. Scaife

676 So. 2d 1035, 1996 WL 354601

District Court of Appeal of Florida | Filed: Jun 28, 1996 | Docket: 1317922

Cited 4 times | Published

child under the age of 16 in *1036 violation of section 800.04(3), Florida Statutes (1993). Specifically,

DDM v. State

662 So. 2d 384, 1995 WL 642257

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1282909

Cited 4 times | Published

NOTES [1] § 794.011(2), Fla. Stat. (1993). [2] § 800.04(1), Fla. Stat. (1993). [3] § 777.04, 794.011(2)

Webber v. State

662 So. 2d 1287, 1995 WL 570435

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1683544

Cited 4 times | Published

[1] § 794.011(2), Florida Statutes (1983). [2] § 800.04, Florida Statutes (1983).

State v. Sanchez

642 So. 2d 122, 1994 WL 484613

District Court of Appeal of Florida | Filed: Sep 9, 1994 | Docket: 2553376

Cited 4 times | Published

HARRIS, C.J., and THOMPSON, J., concur. NOTES [1] § 800.04(3), Fla. Stat. (1993): A person who: ... (3)

Ready v. State

636 So. 2d 67, 1994 WL 84133

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 2570972

Cited 4 times | Published

child under sixteen years of age contrary to section 800.04, Florida Statutes (1987), the trial court upon

State v. Waller

621 So. 2d 499, 1993 WL 242712

District Court of Appeal of Florida | Filed: Jun 30, 1993 | Docket: 1265726

Cited 4 times | Published

lascivious act in the presence of a child under section 800.04, Florida Statutes. In Chesebrough, the supreme

Hood v. State

603 So. 2d 642, 1992 WL 185791

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 1739052

Cited 4 times | Published

and COBB and DIAMANTIS, JJ., concur. NOTES [1] § 800.04(1), Fla. Stat. (1991). Hood also pled guilty to

Madrey v. State

594 So. 2d 841, 1992 WL 35366

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1742035

Cited 4 times | Published

DAUKSCH and W. SHARP, JJ., concur. NOTES [1] § 800.04(1), Fla. Stat. (1989).

Odom v. State

561 So. 2d 443, 1990 Fla. App. LEXIS 3465, 1990 WL 64116

District Court of Appeal of Florida | Filed: May 17, 1990 | Docket: 64650669

Cited 4 times | Published

lascivious assault upon a child in violation of section 800.04(1), Florida Statutes (1987). Appellant’s sentencing

Jano v. State

559 So. 2d 1270, 1990 WL 45275

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1515790

Cited 4 times | Published

term of imprisonment not exceeding 15 years." § 800.04 and 775.082, Fla. Stat. (1987). "[A]s long as

Kline v. State

509 So. 2d 1178, 12 Fla. L. Weekly 1572

District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1715514

Cited 4 times | Published

battery, a second degree felony, in violation of section 800.04, Florida Statutes (1985), and child abuse,

Connell v. State

502 So. 2d 1272, 12 Fla. L. Weekly 214

District Court of Appeal of Florida | Filed: Jan 9, 1987 | Docket: 1657607

Cited 4 times | Published

under fourteen years of age. See § 794.011(4) and § 800.04, Fla. Stat. (1983). The child was his stepdaughter

Akins v. State

462 So. 2d 1161

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 1509975

Cited 4 times | Published

negative "element" of a lewd assault on a child (§ 800.04, Fla. Stat.) and the absence of an intent to kill

South Florida Free Beaches v. City of Miami, Fla.

548 F. Supp. 53

District Court, S.D. Florida | Filed: Sep 3, 1982 | Docket: 370266

Cited 4 times | Published

Chesebrough v. State, 255 So.2d 675 (Fla.1971) (Fla.Stat. 800.04, "lewd" and "lascivious" not vague). Miami

Harris v. State

418 So. 2d 416

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 1289259

Cited 4 times | Published

DCA 1981). *417 The applicable language in Section 800.04, Florida Statutes, defining lewd assault,[1]

Walker v. State

351 So. 2d 382

District Court of Appeal of Florida | Filed: Nov 1, 1977 | Docket: 361430

Cited 4 times | Published

an attempted lewd assault as proscribed in Section 800.04, Florida Statutes (1975). The jury was unable

Campbell v. State

331 So. 2d 289

Supreme Court of Florida | Filed: Mar 31, 1976 | Docket: 1287950

Cited 4 times | Published

defendant was charged with the violation of Section 800.04, Florida Statutes, (lewd, lascivious, or indecent

Sherwood v. State

111 So. 2d 96, 1959 Fla. App. LEXIS 2837

District Court of Appeal of Florida | Filed: Mar 3, 1959 | Docket: 60192507

Cited 4 times | Published

of conviction for the offense prohibited by section 800.04, Fla. Stat., F.S.A., this appeal was taken

State of Florida v. Jamal Rashad Laing

182 So. 3d 812, 2016 Fla. App. LEXIS 258, 2016 WL 57116

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026018

Cited 3 times | Published

commit a lewd or lascivious molestation under section 800.04(5), Florida Statutes: (5) LEWD OR LASCIVIOUS

Funiciello v. State

179 So. 3d 388, 2015 Fla. App. LEXIS 16703, 2015 WL 6757629

District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 60251749

Cited 3 times | Published

age or older but less than 16 years of age.... § 800.04(4)(a), Fla. Stat. (2011). The related standard

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

behavior. Instead, the statute simply refers to section 800.04, Florida Statutes, which covers crimes committed

Geissler v. State

90 So. 3d 941, 2012 WL 2361519, 2012 Fla. App. LEXIS 10118

District Court of Appeal of Florida | Filed: Jun 22, 2012 | Docket: 60309717

Cited 3 times | Published

§ 794.01 l(2)(a), Fla. Stat. (2006, 2007). . § 800.04(5)(b), Fla. Stat. (2006, 2007). . In the information

Manetta v. State

81 So. 3d 560, 2012 WL 555418, 2012 Fla. App. LEXIS 2526

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 2416399

Cited 3 times | Published

child twelve to sixteen years of age under Section 800.4(5)(c)(2), Florida Statutes, (Counts I and II)

Benjamin v. State

77 So. 3d 781, 2011 Fla. App. LEXIS 20323, 2011 WL 6372961

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60304788

Cited 3 times | Published

III of the information alleged a violation of section 800.04(5)(a), Florida Statutes, in March 2005 when

Ramos v. State

75 So. 3d 1277, 2011 Fla. App. LEXIS 19923, 2011 WL 6183482

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60303642

Cited 3 times | Published

(indecent assault) alleged that conduct contrary to section 800.04(1) occurred between September 1, 1999 and September

Blue v. State

73 So. 3d 358, 2011 Fla. App. LEXIS 17373, 2011 WL 5169972

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 2354788

Cited 3 times | Published

ages of twelve and sixteen in violation of section 800.04(4)(a), Florida Statutes (2000). The criminal

KJF v. State

44 So. 3d 1204, 2010 WL 3783340

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2400591

Cited 3 times | Published

or lascivious molestation, in violation of section 800.04(5)(c)1, Florida Statutes (2008); lewd or lascivious

Aldacosta v. State

41 So. 3d 1096, 2010 Fla. App. LEXIS 12164, 2010 WL 3238999

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1295513

Cited 3 times | Published

for lewd or lascivious battery, contrary to section 800.04(4), Florida Statutes (2001). Mr. Aldacosta

Smith v. State

41 So. 3d 1041, 2010 Fla. App. LEXIS 11696, 2010 WL 3119943

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 2400271

Cited 3 times | Published

criminal act under both section 794.011(2)(a) and section 800.04(5) is an intentional touching of the type prohibited

Roberts v. State

39 So. 3d 372, 2010 Fla. App. LEXIS 8927, 2010 WL 2471904

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 60294873

Cited 3 times | Published

than 12 years of age (counts 3-4), pursuant to section 800.04(5)(b) (2006). The jury verdict form specified

KINGRY v. State

28 So. 3d 173, 2010 Fla. App. LEXIS 1434, 2010 WL 481028

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1652263

Cited 3 times | Published

or older, but less than 16, in violation of section 800.04(4)(a), Florida Statutes (2001). Each charge

Pittman v. State

22 So. 3d 859, 2009 Fla. App. LEXIS 19076, 2009 WL 4639669

District Court of Appeal of Florida | Filed: Dec 9, 2009 | Docket: 1103654

Cited 3 times | Published

finding him guilty of lewd or lascivious battery, § 800.04(4)(a), Fla. Stat. (2006), as a lesser included

State v. Lacayo

8 So. 3d 385, 2009 Fla. App. LEXIS 1931, 2009 WL 529431

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1222789

Cited 3 times | Published

lascivious assault on a child, pursuant to Section 800.04, Florida Statutes, and of sexual battery on

JM v. State

4 So. 3d 703, 2009 WL 413433

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1216088

Cited 3 times | Published

that for crimes of lewd or lascivious battery, section 800.04(4), Florida Statutes (2006), these could be

Riley v. State

25 So. 3d 1, 2008 Fla. App. LEXIS 16428, 2008 WL 4643849

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1193829

Cited 3 times | Published

molestation of a child under 12, a violation of section 800.04(5)(b), is the next-step removed lesser included

Fowler v. State

987 So. 2d 111, 2008 WL 2572544

District Court of Appeal of Florida | Filed: Jun 30, 2008 | Docket: 1396262

Cited 3 times | Published

lascivious molestation on a child under 12, per section 800.04(5)(b), Florida Statutes (2004). The alleged

Kane v. State

975 So. 2d 1277, 2008 WL 723922

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1727166

Cited 3 times | Published

as conduct proscribed by section 794.011 or section 800.04 when committed against a person sixteen years

Turner v. State

937 So. 2d 1184, 2006 WL 2570585

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 1513182

Cited 3 times | Published

he admits was comparable to that defined in section 800.04(4)(a), Florida Statutes (2004).[1] He *1185

Insko v. State

933 So. 2d 679, 2006 WL 1933387

District Court of Appeal of Florida | Filed: Jul 14, 2006 | Docket: 1712119

Cited 3 times | Published

eighteen on a person under sixteen pursuant to section 800.04(6)(a)(2) and (b), Florida Statutes (2001).

Paul v. State

912 So. 2d 8, 2005 WL 714037

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 1970770

Cited 3 times | Published

or the clothing covering it, contrary to Florida Statute 800.04(5). Count V charged that he intentionally

Hedglin v. State

892 So. 2d 1183, 2005 WL 264113

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 472222

Cited 3 times | Published

SAWAYA, C.J., and MONACO, J., concur. NOTES [1] § 800.04(5)(b), Fla. Stat. (2002).

Hedglin v. State

892 So. 2d 1183, 2005 WL 264113

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 472222

Cited 3 times | Published

SAWAYA, C.J., and MONACO, J., concur. NOTES [1] § 800.04(5)(b), Fla. Stat. (2002).

MLC v. State

875 So. 2d 810, 2004 WL 1474491

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1683981

Cited 3 times | Published

Lewd or lascivious molestation, as provided in section 800.04(5)(a),(c)(1), Florida Statutes (2002), proscribes

Beber v. State

853 So. 2d 576, 2003 WL 22056036

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660279

Cited 3 times | Published

Fla. Stat. (2001). [2] Section 800.04(5), Fla. Stat. (2001). [3] Section 800.04(6), Fla. Stat. (2001)

Beber v. State

853 So. 2d 576, 2003 WL 22056036

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660279

Cited 3 times | Published

Fla. Stat. (2001). [2] Section 800.04(5), Fla. Stat. (2001). [3] Section 800.04(6), Fla. Stat. (2001)

Nicholas v. State

844 So. 2d 826, 2003 WL 21105340

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 2524518

Cited 3 times | Published

assault on a child under 16 in violation of section 800.04, Florida Statutes (2001), and was sentenced

Desbonnes v. State

846 So. 2d 565, 2003 WL 1916860

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 56675

Cited 3 times | Published

statute in Jesus is compellingly analogous to section 800.04(5) governing lewd or lascivious molestation

Welsh v. State

816 So. 2d 175, 2002 WL 825709

District Court of Appeal of Florida | Filed: May 2, 2002 | Docket: 1753520

Cited 3 times | Published

lewd and lascivious conduct, proscribed by section 800.04, Florida Statutes (1997). We affirm all points

Joslin v. State

826 So. 2d 324, 2002 WL 440552

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 1662871

Cited 3 times | Published

which claims Joslin's sentence is illegal. [2] § 800.04, Fla. Stat. (1993).

Hindenach v. State

807 So. 2d 739, 2002 WL 215018

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1505623

Cited 3 times | Published

charged with lewd and lascivious battery under section 800.04(4) which requires the state to "prove, beyond

Whitson v. State

791 So. 2d 544, 2001 WL 844756

District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 1655711

Cited 3 times | Published

A.C.J., and STRINGER, J., Concur. NOTES [1] § 800.04, Fla. Stat. (1997). [2] § 794.011(2), Fla. Stat

Fletcher v. State

787 So. 2d 232, 2001 WL 539668

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1495960

Cited 3 times | Published

lewdness in the presence of a child, proscribed by section 800.04. Id. at 410. The court reached this conclusion

Grant v. State

783 So. 2d 1120, 2001 WL 261646

District Court of Appeal of Florida | Filed: Mar 19, 2001 | Docket: 1259422

Cited 3 times | Published

upon a child, a second-degree felony under section 800.04, Florida Statutes (1997), by unlawfully handling

Brake v. State

746 So. 2d 527, 1999 WL 1128789

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 784909

Cited 3 times | Published

sexual offense under either chapter 794 or section 800.04, or under a similar law of another jurisdiction

Hendricks v. State

744 So. 2d 542, 1999 WL 936354

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 51364

Cited 3 times | Published

error to instruct on theory of violation of section 800.04, Florida Statutes, which had not been charged

Timot v. State

738 So. 2d 387, 1999 WL 415185

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1502984

Cited 3 times | Published

the age of 16 years, an offense proscribed by Section 800.04(3), Florida Statutes (1995). Appellant's two

Skeens v. State

733 So. 2d 1094, 1999 WL 300257

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 1188158

Cited 3 times | Published

NOTES [1] § 794.011(5), Fla. Stat. (1995). [2] § 800.04(3), Fla. Stat. (1995). [3] The supreme court

Rallo v. State

726 So. 2d 839, 1999 WL 49353

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 509751

Cited 3 times | Published

than Rallo's hands. The State responds that section 800.04 includes conduct which simulates that a sexual

Bogan v. State

725 So. 2d 1216, 1999 WL 12745

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1294044

Cited 3 times | Published

lascivious assault on a minor in violation of section 800.04, Florida Statutes (1989). At the time of the

Burnett v. State

737 So. 2d 1106, 1998 WL 716948

District Court of Appeal of Florida | Filed: Oct 15, 1998 | Docket: 1300725

Cited 3 times | Published

among other things, with two violations of section 800.04(4), Florida Statutes (1995), for displaying

Pinardi v. State

718 So. 2d 242, 1998 WL 518507

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 466281

Cited 3 times | Published

850. [2] § 794.011(2), Fla. Stat. (1991). [3] § 800.04(1), Fla. Stat. (1991). [4] See Pinardi v. State

Kopko v. State

709 So. 2d 159, 1998 WL 135084

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1278917

Cited 3 times | Published

actual vindictiveness. I would affirm. NOTES [1] § 800.04, Fla. Stat. (Supp.1986). [2] § 794.011(2), Fla

State v. Harrell

691 So. 2d 46, 1997 WL 163129

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 805774

Cited 3 times | Published

the presence of a child under sixteen under section 800.04(3), Florida Statutes (1995), in exchange for

Carter v. State

687 So. 2d 327, 1997 WL 39603

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1718596

Cited 3 times | Published

a child of less than sixteen years of age (section 800.04(1), Florida Statutes), raises two issues on

State v. Raleigh

686 So. 2d 621, 1996 WL 660937

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1676188

Cited 3 times | Published

to charges of lewd assault in violation of section 800.04, Florida Statutes (1993). Raleigh was sixteen

Capers v. State

670 So. 2d 967, 1995 WL 746370

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 1245654

Cited 3 times | Published

punishable as provided in ss. 775.082 and 921.141. Section 800.04, Florida Statutes (1993) provides in pertinent

B.B. v. State

659 So. 2d 256, 1995 Fla. LEXIS 1063

Supreme Court of Florida | Filed: Jun 29, 1995 | Docket: 64758289

Cited 3 times | Published

05 requires that the child be chaste whereas section 800.04 does not. Indeed, the latter statute states

Jozens v. State

649 So. 2d 322, 1995 WL 26799

District Court of Appeal of Florida | Filed: Jan 26, 1995 | Docket: 1320469

Cited 3 times | Published

battery *323 upon said child, in violation of Section 800.04, Florida Statutes. The victim, who was seven

McConn v. State

648 So. 2d 837, 1995 WL 10440

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 1342697

Cited 3 times | Published

between the legs of the victim in violation of section 800.04(1), Florida Statutes (1991). The two counts

Belcher v. State

646 So. 2d 231, 1994 WL 576096

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 1405425

Cited 3 times | Published

HARRIS, C.J., and PETERSON, J., concur. NOTES [1] § 800.04(1), Fla. Stat. (1991). [2] § 794.041(2)(b), Fla

Chaplin v. State

622 So. 2d 165, 1993 WL 309069

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 546627

Cited 3 times | Published

One cannot be convicted for a lewd act under section 800.04, Florida Statutes (1991), concerning conduct

Edwards v. State

613 So. 2d 508, 1993 WL 5299

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 2547356

Cited 3 times | Published

for count two which alleged a violation of section 800.04(2), Florida Statutes, sexual battery upon a

Anderson v. State

598 So. 2d 276, 1992 WL 98548

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1472141

Cited 3 times | Published

vagina of the child victim in violation of section 800.04, Florida Statutes (1987). This is an Anders[1]

State v. Hernandez

596 So. 2d 671, 1992 WL 63130

Supreme Court of Florida | Filed: Apr 2, 1992 | Docket: 1358586

Cited 3 times | Published

of five children. We disagree with Bergen. Section 800.04, Florida Statutes (1987), provides: Any person

State v. Theriault

590 So. 2d 993, 1991 WL 254222

District Court of Appeal of Florida | Filed: Dec 5, 1991 | Docket: 458088

Cited 3 times | Published

REMANDED. COBB and GRIFFIN, JJ., concur. NOTES [1] § 800.04(1), Fla. Stat. (1985). [2] § 794.011(2), Fla

Werner v. State

590 So. 2d 431, 1991 WL 144241

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 458315

Cited 3 times | Published

The state charged appellant with violating section 800.04(3), Florida Statutes (1987), which reads: Any

Watson v. State

579 So. 2d 900, 1991 WL 86821

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 1728703

Cited 3 times | Published

charged by information with a violation of section 800.04(1), Florida Statutes (1989) for committing

Green v. State

580 So. 2d 321, 1991 WL 87667

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1364802

Cited 3 times | Published

lascivious act on a child under the age of 16. See § 800.04(2), Fla. Stat. (1987); State v. Sorakrai, 543

State v. Phillips

575 So. 2d 1313, 1991 WL 15508

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 1443454

Cited 3 times | Published

order holding unconstitutional a portion of section 800.04, Florida Statutes (1989), providing that consent

Bergen v. State

552 So. 2d 262, 1989 WL 135389

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 1663720

Cited 3 times | Published

child in violation of section 800.04, Florida Statutes (1987). Section 800.04(3) provides that one is

Morton v. State

548 So. 2d 788, 1989 WL 102511

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1699155

Cited 3 times | Published

(1987). The lewd and lascivious counts track section 800.04(2), Florida Statutes (1987), which provides

Barrentine v. State

521 So. 2d 1093, 1988 WL 21004

Supreme Court of Florida | Filed: Mar 10, 1988 | Docket: 1348339

Cited 3 times | Published

lewd and lascivious conduct as proscribed by section 800.04, Florida Statutes (1985), citing its recent

Jaggers v. State

509 So. 2d 1165, 12 Fla. L. Weekly 1528

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 1361807

Cited 3 times | Published

as being inapplicable to prosecutions under section 800.04 Florida Statutes. However we find these recent

Young v. State

506 So. 2d 13, 12 Fla. L. Weekly 875

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 1700234

Cited 3 times | Published

based on the same factual event, a violation of section 800.04, Florida Statutes (Supp. 1984), an offense

Mora v. State

484 So. 2d 621, 11 Fla. L. Weekly 436

District Court of Appeal of Florida | Filed: Feb 14, 1986 | Docket: 1702713

Cited 3 times | Published

acts in the presence of a child [a violation of § 800.04, Fla. Stat. (1983)], the trial court did not have

Ray v. State

403 So. 2d 956, 1981 Fla. LEXIS 2819

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 64585091

Cited 3 times | Published

convicted Ray of lewd assault as proscribed by section 800.04, Florida Statutes (1975).2 Two days after the

Larry Michael Thorne v. State of Florida

271 So. 3d 177

District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420921

Cited 2 times | Published

Count One alleged that Appellant had violated section 800.04(4) Florida Statues by inserting his penis into

JUAN MESEN v. STATE OF FLORIDA

271 So. 3d 164

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048694

Cited 2 times | Published

reading of that statute in pari materia with section 800.04, Florida Statutes (2013). Courts are required

Guardian Ad Litem Program v. C.W. (In re X.W.)

255 So. 3d 882

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 64689555

Cited 2 times | Published

Concur. Lewd or lascivious battery under section 800.04(4)(a), Florida Statutes (2013), criminalizes

Carrion v. State

235 So. 3d 1051

District Court of Appeal of Florida | Filed: Jan 19, 2018 | Docket: 60286102

Cited 2 times | Published

pleaded guilty to lewd or lascivious conduct. See § 800.04(6)(a)(l), (6)(b), Fla. Stat. (2012). We have jurisdiction

State v. Tumlinson

224 So. 3d 766, 2016 Fla. App. LEXIS 17231, 2016 WL 6810975

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540925

Cited 2 times | Published

lewd and lascivious molestation of J.T. under section 800.04(5)(b), Florida Statutes (2013). With respect

Maxwell Leon v. State

190 So. 3d 243, 2016 WL 2595981, 2016 Fla. App. LEXIS 6978

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063752

Cited 2 times | Published

6, the defendant was convicted of violating section 800.04(5)(b) of the Florida Statutes (2003). For such

State v. Lindsay

163 So. 3d 721, 2015 Fla. App. LEXIS 6430, 2015 WL 1942890

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247739

Cited 2 times | Published

genitals of the victim in a lewd or lascivious way. § 800.04(5), Fla. Stat. (2013). Lindsay’s testimony makes

Pierre Imbert v. State

154 So. 3d 1174, 2015 Fla. App. LEXIS 186, 2015 WL 71824

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621544

Cited 2 times | Published

statute governing lewd or lascivious battery-section 800.04(4), Florida Statutes — is unconstitutionally

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

child under the age of twelve in violation of section 800.04(5)(b), Florida Statutes (2008). Pri- or to

Holder v. State

123 So. 3d 136, 2013 WL 5575234, 2013 Fla. App. LEXIS 16200

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234984

Cited 2 times | Published

of persons less than sixteen years of age. See § 800.04(2), Fla. Stat. (2008) ("Neither the victim’s lack

Kevin Spencer v. United States

727 F.3d 1076, 2013 WL 4106367, 2013 U.S. App. LEXIS 16895

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2013 | Docket: 2902811

Cited 2 times | Published

or lascivious battery charge under Fla. Stat. § 800.04(4), 38 a more serious second

Rochester v. State

95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311213

Cited 2 times | Published

less than twelve years of age, in violation of section 800.04(5)(b), Florida Statutes (2007). Rochester argues

Fike v. State

63 So. 3d 847, 2011 Fla. App. LEXIS 8146, 2011 WL 2161938

District Court of Appeal of Florida | Filed: Jun 3, 2011 | Docket: 60301177

Cited 2 times | Published

lewd or lascivious conduct — a violation of section 800.04, Florida Statutes. It also requires a qualifying

Barnett v. State

45 So. 3d 963, 2010 Fla. App. LEXIS 15600, 2010 WL 3984780

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2400796

Cited 2 times | Published

offense of lewd or lascivious battery under section 800.04." Id. The same situation exists in the case

Miller v. State

17 So. 3d 778, 2009 Fla. App. LEXIS 10972, 2009 WL 2407656

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 1644862

Cited 2 times | Published

in a two-count information with violation of section 800.04, Florida Statutes (2003), sexual battery upon

Acevedo v. Williams

985 So. 2d 669, 2008 WL 2572646

District Court of Appeal of Florida | Filed: Jun 30, 2008 | Docket: 1673298

Cited 2 times | Published

felony of the second degree. . . ."). See also § 800.04, Fla. Stat. (2007) ("Lewd or lascivious offenses

M.D. v. State

993 So. 2d 1061, 2008 Fla. App. LEXIS 8982

District Court of Appeal of Florida | Filed: Jun 16, 2008 | Docket: 64856321

Cited 2 times | Published

person less than 16 years of age pursuant to section 800.04(4)(a), Florida Statutes (2007). At the victim’s

MD v. State

993 So. 2d 1061, 2008 WL 2403723

District Court of Appeal of Florida | Filed: Jun 16, 2008 | Docket: 1516020

Cited 2 times | Published

person less than 16 years of age pursuant to section 800.04(4)(a), Florida Statutes (2007). At the victim's

LaMorte v. State

984 So. 2d 548, 2008 WL 1914261

District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1289363

Cited 2 times | Published

under sixteen years of age in violation of section 800.04, Florida Statutes (Supp.1990-1991), for acts

Burkhart v. State

974 So. 2d 1203, 2008 WL 482298

District Court of Appeal of Florida | Filed: Feb 25, 2008 | Docket: 1717800

Cited 2 times | Published

conviction for lewd or lascivious exhibition under section 800.04(7)(c), Florida Statutes.[1] Subsequently, the

Omelien v. State

939 So. 2d 1174, 2006 WL 3018124

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 2580191

Cited 2 times | Published

violating section 800.04(4), Florida Statutes (2003) (lewd and lascivious battery), and section 800.04(5)(c)(2)

Ts v. Florida Dept. of Children and Fam.

935 So. 2d 626, 2006 WL 2285789

District Court of Appeal of Florida | Filed: Aug 10, 2006 | Docket: 1670915

Cited 2 times | Published

them, of a person less than 16 years of age...." § 800.04(5)(a), Fla. Stat. (2005). "Lewd or lascivious

Williams v. State

922 So. 2d 418, 2006 WL 568694

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1683371

Cited 2 times | Published

an instruction that lewd or lascivious battery, § 800.04(4), Fla. Stat. (2002), was a lesser included offense

Jackson v. State

920 So. 2d 737, 2006 WL 304578

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1730771

Cited 2 times | Published

lascivious battery, the crime proscribed by section 800.04(4)(a) and charged in Count II of the *738 amended

Robinson v. State

919 So. 2d 623, 2006 WL 147401

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1269682

Cited 2 times | Published

points out that in 1999 the legislature amended section 800.04. Ch. 99-201, § 6, *624 at 1187-89, Laws of

Hickey v. State

915 So. 2d 663, 2005 WL 2513016

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 2577672

Cited 2 times | Published

pursuant to section 800.04(5)(c)(2), Florida Statutes (2002). A person convicted under section 800.04 must meet

JIS v. State

902 So. 2d 890, 2005 WL 1262325

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 1674922

Cited 2 times | Published

(lewd or lascivious battery in violation of section 800.04(4), Fla. Stat. (2003)), punishable by imprisonment

Romage v. State

890 So. 2d 550, 2005 WL 74094

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1690317

Cited 2 times | Published

NOTES [1] § 794.011(5), Fla. Stat. (2001). [2] § 800.04(5)(c)(2), Fla. Stat. (2001).

State v. Miller

888 So. 2d 76, 2004 WL 2409350

District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 2542989

Cited 2 times | Published

lewd or lascivious battery, a violation of section 800.04(4)(a), Florida Statutes (2002), and the State

Womack v. State

855 So. 2d 1236, 28 Fla. L. Weekly Fed. D 2388

District Court of Appeal of Florida | Filed: Oct 14, 2003 | Docket: 1444354

Cited 2 times | Published

in the presence of a child in violation of section 800.04, Florida Statutes. We hold, without further

Wise v. State

833 So. 2d 882, 2003 WL 69535

District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 1259156

Cited 2 times | Published

actions were contrary to section 800.04(2), Florida Statutes (1997). Section 800.04 provides: A person who:

Burke v. State

835 So. 2d 286, 2002 WL 31728458

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1755003

Cited 2 times | Published

HARRIS and ORFINGER, R.B., JJ., concur. NOTES [1] § 800.04, Fla. Stat.(2001). [2] Williams v. State, 110

Garcia v. State

827 So. 2d 1102, 2002 WL 31306664

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 161097

Cited 2 times | Published

committing a lewd and lascivious act pursuant to section 800.04(2), Florida Statutes (1999). The trial court

Harris v. State

879 So. 2d 1223, 2002 WL 731699

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 463814

Cited 2 times | Published

in the presence of a child in violation of section 800.04. See § 394.912(9)(e), Fla. Stat. (1999). I

West v. State

823 So. 2d 174, 2002 WL 1466546

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 458450

Cited 2 times | Published

SILBERMAN and COVINGTON, JJ., Concur. NOTES [1] § 800.04(3), Fla. Stat. (1995).

West v. State

823 So. 2d 174, 2002 WL 1466546

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 458450

Cited 2 times | Published

SILBERMAN and COVINGTON, JJ., Concur. NOTES [1] § 800.04(3), Fla. Stat. (1995).

State v. Thurman

791 So. 2d 1228, 2001 WL 929872

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1228894

Cited 2 times | Published

performing a lewd act upon a child pursuant to section 800.04(1), Florida Statutes (1999). He entered into

DR v. State

790 So. 2d 1242, 2001 WL 904212

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1734507

Cited 2 times | Published

IN THE PRESENCE OF [I.T.] (sic), contrary to Section 800.04(7)(a), Florida Statutes. After hearing the

Fredette v. State

786 So. 2d 27, 2001 WL 427341

District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 726170

Cited 2 times | Published

J., HARRIS and SAWAYA, JJ., concur. NOTES [1] § 800.04(1), Fla. Stat. (1997). [2] Even if one assumed

Johnson v. State

795 So. 2d 82

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1673176

Cited 2 times | Published

jurisdiction: § 787.025; chapter 794; § 796.03; § 800.04; § 825.1025; § 827.071; § 847.0133; 847.0135;

State v. Milanes

762 So. 2d 572, 2000 WL 905650

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 78379

Cited 2 times | Published

fondling the fifteen-year-old victim's penis. See § 800.04, Fla. Stat. (1997). In calculating Mr. Milanes'

Soukup v. State

760 So. 2d 1072, 2000 WL 799367

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1324510

Cited 2 times | Published

011(4)(f), Fla. Stat. (1995). [2] § 800.04(4), Fla. Stat. (1995). [3] § 800.04(1), Fla. Stat. (1995). [4]

Chester v. State

737 So. 2d 557, 1999 WL 312288

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1709613

Cited 2 times | Published

obviate the objective reality that it was. See § 800.04, Fla. Stat. (1997) (stating that any person who

Chester v. State

737 So. 2d 557, 1999 WL 312288

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1709613

Cited 2 times | Published

obviate the objective reality that it was. See § 800.04, Fla. Stat. (1997) (stating that any person who

Thompson v. State

731 So. 2d 819, 1999 WL 252387

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 1408938

Cited 2 times | Published

[1] § 794.011(2)(a), Fla. Stat. (1995). [2] § 800.04(3), Fla. Stat. (1995). [3] See 720 ILL. COMP

Johnson v. State

716 So. 2d 332, 1998 WL 518503

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 424734

Cited 2 times | Published

lascivious act upon a child in violation of section 800.04, Florida Statutes (1993), and two counts of

Tullis v. State

716 So. 2d 819, 1998 WL 472559

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 1521919

Cited 2 times | Published

NOTES [1] § 794.01(8)(b), Fla. Stat. (1993) [2] § 800.04(1), Fla. Stat. (1993) [3] In a prior case against

J.A.S. v. State

705 So. 2d 1381, 23 Fla. L. Weekly Supp. 67, 1998 Fla. LEXIS 85

Supreme Court of Florida | Filed: Feb 5, 1998 | Docket: 64779014

Cited 2 times | Published

WHETHER THE POTENTIAL PENALTY FOR VIOLATION OF SECTION 800.04, FLORIDA STATUTES, BY A MINOR UNDER THE AGE

Martin v. State

691 So. 2d 1204, 1997 WL 194744

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423424

Cited 2 times | Published

child under the age of 16 in violation of *1205 section 800.04(1), Florida Statutes (1995). In September,

State v. JAS

686 So. 2d 1366, 1997 WL 1679

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 1676085

Cited 2 times | Published

trial court dismissed the charges finding that section 800.04, Florida Statutes (1993)[1], was unconstitutional

State v. ARS

684 So. 2d 1383, 1996 WL 726847

District Court of Appeal of Florida | Filed: Dec 19, 1996 | Docket: 1482040

Cited 2 times | Published

recognized in the context of a prosecution under section 800.04, Florida Statutes. See State v. Raleigh, 686

Farrell v. State

682 So. 2d 204, 1996 WL 612776

District Court of Appeal of Florida | Filed: Oct 25, 1996 | Docket: 1276151

Cited 2 times | Published

child under 16 years of age, a violation of section 800.04(4), Florida Statutes (1991). Although Farrell

Smith v. State

674 So. 2d 791, 1996 WL 220559

District Court of Appeal of Florida | Filed: May 3, 1996 | Docket: 1662011

Cited 2 times | Published

PETERSON, C.J., and GOSHORN, J., concur. NOTES [1] § 800.04(3), Fla.Stat. (1991). [2] Frye v. United States

Gramegna v. Parole Com'n

666 So. 2d 135, 21 Fla. L. Weekly Supp. 14, 1996 Fla. LEXIS 7, 1996 WL 8257

Supreme Court of Florida | Filed: Jan 11, 1996 | Docket: 452472

Cited 2 times | Published

sexual acts that constitute a violation of section 800.04, Florida Statutes [(1991)]? Whether an arresting

Sheppard v. State

659 So. 2d 457, 1995 WL 490561

District Court of Appeal of Florida | Filed: Aug 18, 1995 | Docket: 1462757

Cited 2 times | Published

Stat. (1989). The victim was 11 years old. [2] § 800.04(1), Fla. Stat. (1989). [3] Williams v. State

Ogden v. State

658 So. 2d 621, 1995 WL 421868

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439220

Cited 2 times | Published

Stat. (1991)], and (2) lewd and lascivious act [§ 800.04(4), Fla. Stat. (1991)], which were entered upon

Rigabar v. Broome

658 So. 2d 1038, 1995 WL 144131

District Court of Appeal of Florida | Filed: Jul 5, 1995 | Docket: 1525092

Cited 2 times | Published

understands the terms of the plea agreement. [2] See § 800.04(1), Fla. Stat. (1993). [3] See §§ 777.04(1) and

State v. BB

637 So. 2d 936, 1994 WL 169438

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 422979

Cited 2 times | Published

regard to section 800.04, Florida Statutes (1991). The Jones court held that section 800.04, which prohibits

Lewis v. State

626 So. 2d 1073, 1993 WL 462764

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1286246

Cited 2 times | Published

the child by perpetrating a sexual battery. Section 800.04(3), Florida Statutes (Supp. 1990), provides

Eldridge v. State

531 So. 2d 741, 1988 WL 100559

District Court of Appeal of Florida | Filed: Sep 22, 1988 | Docket: 2551340

Cited 2 times | Published

no contest to lewd assault upon his step child (§ 800.04, Fla. Stat.), allegedly the defendant again criminally

Hoover v. State

511 So. 2d 629, 12 Fla. L. Weekly 1755

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1338821

Cited 2 times | Published

by having her masturbate him, contrary to section 800.04, Florida Statutes. Appellant pled nolo contendere

JEJ v. State

505 So. 2d 516

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 2536112

Cited 2 times | Published

appellant's conviction and reject his contention that section 800.04, Florida Statutes (1985), is unconstitutionally

Washington v. State

452 So. 2d 82

District Court of Appeal of Florida | Filed: Jun 15, 1984 | Docket: 1517641

Cited 2 times | Published

persons under the age of fourteen contrary to Section 800.04, Florida Statutes (1981). For the sexual battery

Collins v. State

431 So. 2d 225

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 360079

Cited 2 times | Published

under the age of fourteen years in violation of Section 800.04, Florida Statutes (1981). In reaching its verdict

Clingan v. State

317 So. 2d 863

District Court of Appeal of Florida | Filed: Aug 20, 1975 | Docket: 2578444

Cited 2 times | Published

committing a lewd and lascivious act in violation of § 800.04 F.S. During the trial the complaining witness

Johnson v. State

292 So. 2d 426

District Court of Appeal of Florida | Filed: Mar 27, 1974 | Docket: 1511649

Cited 2 times | Published

under the age of fourteen years as proscribed by § 800.04, F.S.A. 1971. Such offense is ordinarily punishable

Wilson v. State

282 So. 2d 667

District Court of Appeal of Florida | Filed: Sep 14, 1973 | Docket: 1656859

Cited 2 times | Published

convicted by jury of violation of Florida Statute § 800.04, F.S.A. in that he fondled a female child under

Dreger v. State

228 So. 2d 431

District Court of Appeal of Florida | Filed: Nov 18, 1969 | Docket: 2536394

Cited 2 times | Published

under the age of fourteen years, in violation of § 800.4, Fla. Stat., F.S.A. The only point preserved for

Aguila v. State

255 So. 3d 522

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015419

Cited 1 times | Published

lascivious molestation of A.C. in violation of section 800.04(5)(c)2., Florida Statutes (2013). Prior to

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

794, Florida Statutes, or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the

Rafael Jacob Stoffel v. State of Florida

247 So. 3d 89

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6712584

Cited 1 times | Published

molestation of a child under the age of twelve. § 800.04(5), Fla. Stat. (2014). Appellant raises two issues

Marlon Edgardo Lara-Castillo v. State of Florida

244 So. 3d 354

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366187

Cited 1 times | Published

the child in a “lewd or lascivious manner.” See § 800.04(5)(a), Fla. Stat. (2016); cf. also Chesebrough

DAVID TIMOTHY CURRY v. STATE OF FLORIDA

227 So. 3d 628

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148167

Cited 1 times | Published

and December 31, 2004, in violation of Florida Statute 800.04(5)(c)(2). COUNT III: Lewd or lascivious

Batchelor v. State

193 So. 3d 1054, 2016 WL 3265542, 2016 Fla. App. LEXIS 9208

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078609

Cited 1 times | Published

THE EVIDENCE TO PROVE AN ATTEMPT Under section 800.04(4): “A person who: (a) Engages in sexual activity

Tate v. State

191 So. 3d 535, 2016 WL 2930800, 2016 Fla. App. LEXIS 7563

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 60255188

Cited 1 times | Published

lewd or lascivious battery in violation of section 800.04(4), Florida Statutes. Counts II and III charged

Ralph Monroe v. State of Florida

191 So. 3d 395, 41 Fla. L. Weekly Supp. 192, 2016 WL 1700525, 2016 Fla. LEXIS 900, 2016 Fla. App. LEXIS 6438

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059071

Cited 1 times | Published

years old by h person eighteen years and older. § 800.04(5)(b), Fla. Stat. (2011). Clearly then, if the

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

190 So. 3d 1055, 2016 WL 1460708

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710

Cited 1 times | Published

activity” part of Lewd or Lascivious Battery ' in § 800.04(4)(a)2., Fla. Stat., is a necessary lesser-included

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

190 So. 3d 1055, 2016 WL 1460708

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710

Cited 1 times | Published

activity” part of Lewd or Lascivious Battery ' in § 800.04(4)(a)2., Fla. Stat., is a necessary lesser-included

Rivera v. Board of Trustees of the City of Tampa's General Employment Retirement Fund

189 So. 3d 207, 2016 Fla. App. LEXIS 2847, 2016 WL 746480

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039675

Cited 1 times | Published

had committed either any felony defined in section 800.04 against a victim younger-than sixteen years

James Houston Roughton v. State of Florida

185 So. 3d 1207, 41 Fla. L. Weekly Supp. 70, 2016 Fla. LEXIS 392, 2016 WL 743245

Supreme Court of Florida | Filed: Feb 25, 2016 | Docket: 3039159

Cited 1 times | Published

794.011(1 )(h), (2)(a), Fla. Stat. (2008). ' . § 800.04(5)(a), (b), Fla. Stat. (2008). . Section 794

Vernon Bernard Moss v. State of Florida

169 So. 3d 223, 2015 Fla. App. LEXIS 9955

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2670570

Cited 1 times | Published

2009) (holding “the sex acts proscribed in section 800.04(4) (oral, anal, or vaginal penetration) are

Patel v. State

163 So. 3d 737, 2015 Fla. App. LEXIS 6429, 2015 WL 1942903

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247746

Cited 1 times | Published

or older, but less than sixteen years of age. § 800.04(4)(a), Fla. Stat. (2011). Sexual activity is defined

State of Florida v. Frank A. Mosley

149 So. 3d 684, 39 Fla. L. Weekly Supp. 627, 2014 Fla. LEXIS 3068, 2014 WL 5285851

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1422903

Cited 1 times | Published

an offender over the age of eighteen under section 800.04(5)(c)2., Florida Statutes (2006); and (2) aggravated

State of Florida v. Frank A. Mosley

149 So. 3d 684, 39 Fla. L. Weekly Supp. 627, 2014 Fla. LEXIS 3068, 2014 WL 5285851

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1422903

Cited 1 times | Published

an offender over the age of eighteen under section 800.04(5)(c)2., Florida Statutes (2006); and (2) aggravated

Debra LaFave v. State of Florida

149 So. 3d 662, 39 Fla. L. Weekly Supp. 640, 2014 Fla. LEXIS 3067, 2014 WL 5285860

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1451897

Cited 1 times | Published

two counts of lewd or lascivious battery, see § 800.04(4)(a), Fla. Stat. (2003), for committing sexual

Gustavo A. Reyes v. State

149 So. 3d 89, 2014 Fla. App. LEXIS 13665, 2014 WL 4327951

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150932

Cited 1 times | Published

genitalia area of [the Victim], contrary to Florida Statute 800.04(5)(a) and (b). Appellant’s argument

Wilkerson v. State

143 So. 3d 462, 2014 WL 3671334, 2014 Fla. App. LEXIS 11369

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 60242325

Cited 1 times | Published

added). Here, Wilkerson was convicted under section 800.04(4)(b), a second-degree felony, generally punishable

Pierce v. State

137 So. 3d 578, 2014 Fla. App. LEXIS 6233, 2014 WL 1696141

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240377

Cited 1 times | Published

that occurred in November 2001 (count two). See § 800.04(4), (5)(a), Fla. Stat. (2001). The trial court

Cleveland v. State

135 So. 3d 425, 2014 WL 856498, 2014 Fla. App. LEXIS 2972

District Court of Appeal of Florida | Filed: Mar 4, 2014 | Docket: 60239632

Cited 1 times | Published

information charged Cleveland with violating section 800.04(6), Florida Statutes (2010), which provides

State v. Fureman

161 So. 3d 403, 2014 Fla. App. LEXIS 2365, 2014 WL 656756

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247128

Cited 1 times | Published

lewd and lascivious battery in violation of section 800.04(4)(a), section 948.30’s provisions of sex offender

State v. Caragol

120 So. 3d 641, 2013 WL 4764639, 2013 Fla. App. LEXIS 14319

District Court of Appeal of Florida | Filed: Sep 6, 2013 | Docket: 60234176

Cited 1 times | Published

less than sixteen years of age in violation of section 800.04(4)(a), Florida Statutes (2001). This conviction

Rodriguez v. State

112 So. 3d 744, 2013 WL 1918863, 2013 Fla. App. LEXIS 7505

District Court of Appeal of Florida | Filed: May 10, 2013 | Docket: 60231251

Cited 1 times | Published

See § 794.01 l(8)(b), Fla. Stat. (2009). . § 800.04(5)(a), (c)2. .§ 827.04(l)(a).

Bracey v. State

109 So. 3d 311, 2013 WL 1003597, 2013 Fla. App. LEXIS 4185

District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60229560

Cited 1 times | Published

akin to a lewd and lascivious offense under section 800.04, Florida Statutes (2010). Based on this assertion

Jeffers v. State

106 So. 3d 37, 2013 Fla. App. LEXIS 1547, 2013 WL 376054

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228188

Cited 1 times | Published

lewd and lascivious battery in violation of section 800.04, Florida Statutes (2007). The court sentenced

Webb v. State

104 So. 3d 1153, 2012 Fla. App. LEXIS 20449, 2012 WL 5933010

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227349

Cited 1 times | Published

far enough to deem different variations of section 800.04(5) lewd or lascivious molestation to be separate

Drawdy v. State

98 So. 3d 165, 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312196

Cited 1 times | Published

082, s. 775.083, or s. 775.084. [[Image here]] § 800.04(5) Lewd or lascivious molestation.— (a) A person

State v. Flynn

95 So. 3d 436, 2012 WL 3329213, 2012 Fla. App. LEXIS 13544

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311242

Cited 1 times | Published

of a lewd and lascivious act in violation of section 800.04, Florida Statutes. The trial court granted

State v. LaFave

113 So. 3d 31, 2012 WL 3326347, 2012 Fla. App. LEXIS 13573

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60231532

Cited 1 times | Published

two counts of lewd or lascivious battery, see § 800.04(4)(a), Fla. Stat. (2003), for committing sexual

Durant v. State

94 So. 3d 669, 2012 WL 3235179, 2012 Fla. App. LEXIS 13363

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60310950

Cited 1 times | Published

0115(2)(e). He was, however, convicted of violating section 800.04(1), Florida Statutes (1995), which provides

Roughton v. State

92 So. 3d 284, 2012 WL 2864380, 2012 Fla. App. LEXIS 11396

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310192

Cited 1 times | Published

criminal act under both section 794.011(2)(a) and section 800.04(5) is an intentional touching of the type prohibited

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

applicable. a. [Florida Statute 794.011] [Florida Statute 800.04] [Florida Statute 827.071] [Florida Statute

Sadler v. State

112 So. 3d 498, 2012 WL 1592172, 2012 Fla. App. LEXIS 7186

District Court of Appeal of Florida | Filed: May 8, 2012 | Docket: 60231126

Cited 1 times | Published

nolo contendere or guilty to, any violation of section 800.04 (lewd and lascivious battery/conduct/exhibition)

State v. Marcel

67 So. 3d 1223, 2011 Fla. App. LEXIS 13744, 2011 WL 3820700

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60301961

Cited 1 times | Published

lewd or lascivious manner, in violation of section 800.04(6)(c), Florida Statutes (2001). Marcel was

Lawson v. State

46 So. 3d 1189, 2010 Fla. App. LEXIS 16739, 2010 WL 4366018

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60296149

Cited 1 times | Published

committing a lewd and lascivious act in violation of section 800.04(2), Florida Statutes (1993). All three offenses

J.S. v. State

45 So. 3d 910, 2010 Fla. App. LEXIS 14481

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 60296079

Cited 1 times | Published

conduct to lewd and lascivious molestation. Section 800.04(6)(a), Florida Statutes states that a person

State v. Coleman

44 So. 3d 1198, 2010 Fla. App. LEXIS 14478, 2010 WL 3766763

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 60295549

Cited 1 times | Published

upon a defendant convicted of a violation of section 800.04, criminalizing lewd and lascivious conduct

Montgomery v. State

36 So. 3d 188, 2010 Fla. App. LEXIS 8247, 2010 WL 2330419

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 2551607

Cited 1 times | Published

lewd or lascivious molestation in violation of section 800.04(5)(b), Florida Statutes (2008). The trial court

Perea v. State

35 So. 3d 58, 2010 Fla. App. LEXIS 5973, 2010 WL 1726155

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1646379

Cited 1 times | Published

years' imprisonment followed by life probation. See § 800.04(5)(b), Fla. Stat. (2005). The State concedes that

Ostrow v. IMLER EX REL. DI

27 So. 3d 237, 2010 Fla. App. LEXIS 1581, 2010 WL 532798

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 39560

Cited 1 times | Published

Cole, 929 So.2d 1092 (Fla. 4th DCA 2006). Section 800.04 prohibits lewd and lascivious acts. Only one

Spivey v. State

12 So. 3d 880, 2009 Fla. App. LEXIS 9362, 2009 WL 1703271

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 2545081

Cited 1 times | Published

" § 394.912(9)(e), Fla. Stat. (2008). And, section 800.04(7), Florida Statutes, expressly criminalizes

Price v. Abate

9 So. 3d 37, 2009 Fla. App. LEXIS 3619, 2009 WL 559908

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 1667582

Cited 1 times | Published

purposes of the lewd and lascivious act statute, section 800.04(3) of the Florida Statutes, which provides

J.M. v. State

4 So. 3d 703, 2009 Fla. App. LEXIS 3452

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 60295095

Cited 1 times | Published

for crimes of lewd or lascivious batter)', section 800.04(4), Florida Statutes (2006), these could be

Smith v. State

968 So. 2d 108, 2007 WL 4119194

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1745495

Cited 1 times | Published

lewd or lascivious molestation in violation of section 800.04(5)(a), and lewd or lascivious conduct in violation

Giroux v. State

955 So. 2d 656, 2007 Fla. App. LEXIS 7105, 2007 WL 1342531

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 64850442

Cited 1 times | Published

evidence met the elements of the statute. See § 800.04(5)(a), Florida Statutes (2005) (“A person who

Spioch v. State

954 So. 2d 47, 2007 Fla. App. LEXIS 3855, 2007 WL 776521

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 64850157

Cited 1 times | Published

single word — probably “lascivious”] contrary to Section 800.04(1), Florida Statutes.” The trial court correctly

Ealum v. State

943 So. 2d 994, 2006 WL 3589002

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1526780

Cited 1 times | Published

exhibition, which are second-degree felonies. § 800.04(7), Fla. Stat. (2004). After appellant was adjudicated

Cruz v. State

941 So. 2d 1245, 2006 WL 3327646

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 431656

Cited 1 times | Published

both of which are violations of subsections of section 800.04, Florida Statutes (2004). Because of the constitutional

White v. State

924 So. 2d 957, 2006 Fla. App. LEXIS 4960, 2006 WL 862272

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843281

Cited 1 times | Published

battery under section 800.04(4) and lewd or lascivious molestation, in violation of section 800.04(5)(c)(2)

Leyva v. State

925 So. 2d 393, 2006 WL 782835

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 471652

Cited 1 times | Published

(Fla.2003). Welsh involved an earlier version of § 800.04, Fla. Stat., the controlling statute defining

Douglas v. State

913 So. 2d 1234, 2005 WL 2990951

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1331450

Cited 1 times | Published

for judgment of acquittal will not be reversed. § 800.04(5), Fla. Stat. (2003); Hutchinson v. State, 882

Gresham v. State

908 So. 2d 1114, 2005 WL 1682322

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1724866

Cited 1 times | Published

encompassing lesser included offenses under section 800.04, Florida Statutes. Bashans, 388 So.2d at 1305

Smith v. McRay

907 So. 2d 575, 2005 Fla. App. LEXIS 10784, 2005 WL 1631090

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 64839676

Cited 1 times | Published

arrested for possession of cocaine in violation of section 800.04(4)(a), Florida Statutes (2003), and she was

Thornton v. State

884 So. 2d 276, 2004 WL 1809922

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1683053

Cited 1 times | Published

for lewd and lascivious molestation.[2]See *278 § 800.04(5), Fla. Stat. (2000). The victim testified that

State v. Bouchillon

882 So. 2d 412, 2004 WL 1779021

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1686290

Cited 1 times | Published

lascivious battery which is a violation of section 800.04(4)(a), Florida Statutes. Bouchillon is correct

Hall v. Stewart

297 F. Supp. 2d 1328, 2004 U.S. Dist. LEXIS 1045, 2004 WL 170017

District Court, S.D. Florida | Filed: Jan 16, 2004 | Docket: 2197413

Cited 1 times | Published

Court upheld the constitutionality of Fla. Stat. § 800.04, prohibiting lewd assaults or acts upon or in

Gamble v. State

870 So. 2d 110, 2003 Fla. App. LEXIS 18329, 2003 WL 22849445

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 64829616

Cited 1 times | Published

before October 1, 1999, under the old statute, section 800.04(1), Florida Statutes (1993), and one count

Foss v. State

834 So. 2d 404, 2003 Fla. App. LEXIS 292, 2003 WL 131587

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64819877

Cited 1 times | Published

lewd or lascivious molestation pursuant to section 800.04, Florida Statutes (1999). The amended information

Swanson v. State

823 So. 2d 281, 2002 WL 1815874

District Court of Appeal of Florida | Filed: Aug 9, 2002 | Docket: 1512804

Cited 1 times | Published

011(2), Fla. Stat. [2] § 784.03, Fla. Stat. [3] § 800.04(1), Fla. Stat. [4] Richardson v. State, 246 So

Beard v. State

819 So. 2d 987, 2002 WL 1371025

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1496303

Cited 1 times | Published

[1] § 794.011(2)(a), Fla. Stat. (1993). [2] § 800.04, Fla. Stat. (1993).

Wiggins v. State

816 So. 2d 745, 2002 WL 883598

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1753367

Cited 1 times | Published

payment for sex is expressly covered under section 800.04(6)(a)2., Florida Statutes (1999). This section

Foster v. State

794 So. 2d 731, 2001 WL 1093106

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1473167

Cited 1 times | Published

to one count of lewd assault in violation of section 800.04, Florida Statutes (1995). Defendant entered

Farrell v. State

791 So. 2d 598, 2001 WL 984717

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 1229328

Cited 1 times | Published

Farrell argues that he cannot be convicted under section 800.04, Florida Statutes (1997), because the only

Seccia v. State

786 So. 2d 12, 2001 WL 328562

District Court of Appeal of Florida | Filed: Apr 5, 2001 | Docket: 1681964

Cited 1 times | Published

lewd act conviction is a second-degree felony. § 800.04, Fla.Stat. (1995). The sentencing guidelines do

Perry v. State

776 So. 2d 1102, 2001 Fla. App. LEXIS 1232, 2001 WL 108892

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64803411

Cited 1 times | Published

AFFIRMED. HARRIS and GRIFFIN, JJ., concur. . § 800.04(1), Fla.Stat. (1997).

Burks v. State

766 So. 2d 468, 2000 WL 1340312

District Court of Appeal of Florida | Filed: Sep 18, 2000 | Docket: 1330110

Cited 1 times | Published

under the facts of this case, Burks is correct. Section 800.04(4), Florida Statutes, entitled "Lewd, lascivious

Moore v. Perez

756 So. 2d 1086, 2000 Fla. App. LEXIS 5015, 2000 WL 502662

District Court of Appeal of Florida | Filed: Apr 28, 2000 | Docket: 64797050

Cited 1 times | Published

child under the age of sixteen, in violation of section 800.04, Florida Statutes (1997).' Perez has failed

State v. Coyle

718 So. 2d 218, 1998 WL 428809

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 466289

Cited 1 times | Published

Supreme Court upheld the constitutionality of section 800.04, Florida Statutes, a statute which proscribed

James v. State

696 So. 2d 1268, 1997 WL 361847

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696274

Cited 1 times | Published

the presence of a child under the age of 16. See § 800.04(3), Fla. Stat. (1993). Mr. James was 22 years

State v. J.A.S.

686 So. 2d 1366, 1997 Fla. App. LEXIS 26

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64770604

Cited 1 times | Published

trial court dismissed the charges finding that section 800.04, Florida Statutes (1993)1, was unconstitutional

D'ANNUNZIO v. State

683 So. 2d 151, 1996 WL 581900

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 466204

Cited 1 times | Published

PETERSON, C.J., and ANTOON, J., concur. NOTES [1] § 800.04, Fla. Stat. (1995). [2] The notice of alibi was

Salazar v. State

662 So. 2d 1294, 1995 WL 608200

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 939788

Cited 1 times | Published

of a lewd and lascivious act in violation of section 800.04(4), Florida Statutes (1993). Appellant was

Standard Jury Instructions in Criminal Cases (95-1)

657 So. 2d 1152, 20 Fla. L. Weekly Supp. 338, 1995 Fla. LEXIS 1139, 1995 WL 410690

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 64757824

Cited 1 times | Published

Or In The Presence Of Child; Sexual Battery F.S. 800.04” to include a definition of “in the presence

Ramsey v. Immigration & Naturalization Service

55 F.3d 580, 1995 U.S. App. LEXIS 15578

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 1995 | Docket: 64020961

Cited 1 times | Published

attempted lewd assault under Florida Statutes § 800.04(1) was an aggravated felony, and that the BIA

Baker v. State

652 So. 2d 431, 1995 WL 111267

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 2480779

Cited 1 times | Published

under the age of sixteen, a second degree felony. § 800.04, Fla. Stat. (1987). The trial court withheld adjudication

In Re Amendments to Fla. Rules of Juv. Pro.

649 So. 2d 1370, 1995 WL 27510

Supreme Court of Florida | Filed: Jan 26, 1995 | Docket: 1693792

Cited 1 times | Published

sexual offense proscribed in chapter 794 or section 800.04, Florida Statutes, involving the transmission

Gramegna v. Florida Parole Com'n

638 So. 2d 205, 1994 Fla. App. LEXIS 5423, 1994 WL 244429

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 1652591

Cited 1 times | Published

assault or act upon or in the presence of a child. § 800.04(1), Fla. Stat. (1991). The information initiating

Graham v. State

557 So. 2d 669, 1990 WL 17516

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 1512293

Cited 1 times | Published

lascivious assault upon a child in violation of section 800.04, Florida Statutes (1987).[1] Defendant argues

Graham v. State

557 So. 2d 669, 1990 WL 17516

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 1512293

Cited 1 times | Published

lascivious assault upon a child in violation of section 800.04, Florida Statutes (1987).[1] Defendant argues

Kersey v. State

515 So. 2d 261

District Court of Appeal of Florida | Filed: Nov 5, 1987 | Docket: 1467328

Cited 1 times | Published

UPCHURCH, C.J., and COBB, J., concur. NOTES [1] § 800.04, Fla. Stat. (1985). [2] § 775.082(3)(c), Fla

L.L.N. v. State

504 So. 2d 6, 1986 Fla. App. LEXIS 16564

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 64625870

Cited 1 times | Published

decision was to uphold the constitutionality of section 800.04, Florida Statutes (1985), and affirm the appellant’s

Hale v. State

273 So. 2d 145

District Court of Appeal of Florida | Filed: Feb 14, 1973 | Docket: 1512817

Cited 1 times | Published

charged in each of three counts with violation of § 800.04 Fla. Stat., F.S.A. which is entitled "Lewd, lascivious

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 69533864

Published

battery on a child under the age of 12), and section 800.04(5)(a) & (b), Florida Statutes, (lewd and

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

or lascivious exhibition,” Fla. Stat. § 800.04(7), and vulgar or indecent “exposure of sexual

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

or lascivious exhibition,” Fla. Stat. § 800.04(7), and vulgar or indecent “exposure of sexual

Bryan Schwarz v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899479

Published

perpetrator, commits lewd or lascivious molestation.” § 800.04(5)(a), Fla. Stat. (2021). A lewd or lascivious

United States v. Jordan Jysae Pulido

Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 2025 | Docket: 66710885

Published

Argued: Jun 4, 2024

lascivious battery” under Fla. Stat. § 800.04(4). At the relevant time, that statute read as

Johncy Sylvaince v. State of Florida

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843945

Published

crime of lewd or lascivious molestation under section 800.04(5)(b), Florida Statutes (2021), against a

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533864

Published

battery on a child under the age of 12), and section 800.04(5)(a) & (b), Florida Statutes, (lewd and

Robert Wayne Lincoln v. State of Florida

District Court of Appeal of Florida | Filed: Dec 30, 2024 | Docket: 69505486

Published

sentence for the crime of lewd molestation under section 800.04(5)(b), Florida Statutes (2021), against a victim

Debose v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315

Published

similar to that proscribed under Florida’s section 800.04.” Id. at 525 (emphasis supplied). The Court

McKee v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369593

Published

Count 1, lewd or lascivious molestation under section 800.04(5)(b), Florida Statutes; Count 2, lewd or lascivious

Paul T. McCaw v. State of Florida

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69217906

Published

molestation under section 800.04(5), Florida Statutes (2019), because section 800.04(5) prohibits defendant

Juan Jose Rodriguez v. State of Florida

District Court of Appeal of Florida | Filed: Sep 27, 2024 | Docket: 69202341

Published

appeals his convictions for three violations of section 800.04(5)(b), Florida Statutes, and his sentence to

White v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151366

Published

or buttocks, or the clothing covering them.” § 800.04(5)(a), Fla. Stat. (2020). White claims the State

Harvill v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062888

Published

lewd or lascivious exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes (2022), and five

Robert H. Cole, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 68836555

Published

Jr., appeals his conviction for violating section 800.04(5)(b), Florida Statutes (2021), and the trial

EXCER LOPEZ CHAVEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 9, 2024 | Docket: 68161574

Published

show that Chavez was convicted of violating section 800.04(4)(a)1., Florida Statutes. Lastly, as Chavez

SERRANO-DELGADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68448526

Published

Stat. (2020); § 794.011(2)(a), Fla. Stat. (2020); § 800.04(5)(b), Fla. Stat. (2020). We have jurisdiction

Ronald Stuyvesant Boyd v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829284

Published

lascivious molestation under subsection (5) of section 800.04, the scoresheet lists lewd or lascivious conduct

Marken Leger v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: May 20, 2024 | Docket: 67993862

Published

Argued: Nov 9, 2023

battery under the 2008 version of Fla. Stat. § 800.04(4)—an offense which the Florida Supreme Court

STATE OF FLORIDA v. MARCUS NATHAN JACKSON

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68062027

Published

her touching of his penis, in violation of section 800.04(5)(b), Florida Statutes. Precipitating

David Edward Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357940

Published

older than 12 but less than 16, in violation of section 800.04(5)(c)(2), Florida Statutes. The State

Marquice Emanule Nolan v. State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68209001

Published

lewd or lascivious conduct in violation of section 800.04(6), Florida Statutes; and attempted lewd or

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida | Filed: Jan 26, 2024 | Docket: 68195892

Published

"sanction" for his conviction under section 800.04 consists of fifteen years' prison and

Joseph Michel v. The State of Florida

District Court of Appeal of Florida | Filed: Jan 24, 2024 | Docket: 68187995

Published

JJ. PER CURIAM. Affirmed. Compare § 800.04(4)(a)(1), Fla. Stat. (2018) (“A person commits

LUIS MORALES-ALAFFITA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 65389449

Published

child under the age of twelve in violation of section 800.04(5)(b), Florida Statutes (2020), a life felony

State of Florida v. Christopher Russell Hubbs

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065659

Published

“lewd” for purposes of section 827.071 (and section 800.04, Florida Statutes (2019)), if the conduct in

State of Florida v. Christopher Russell Hubbs

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065659

Published

“lewd” for purposes of section 827.071 (and section 800.04, Florida Statutes (2019)), if the conduct in

Joshua Terrel Brown v. State of Florida

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68043002

Published

child, was subject to only one conviction under section 800.04(3), Florida Statutes (1987). Id. at 672. However

STATE OF FLORIDA vs JASON SCOTT DOWNS

District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 68034227

Published

lascivious act in the presence of a child, see § 800.04(2), (4), Fla. Stat. (1998). His judgment and sentences

LARRY CLASE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419175

Published

offenses for violating the 1995 version of section 800.04, Florida Statutes, were improperly scored as

CODY ENRRIQUEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 10, 2023 | Docket: 67359011

Published

(2020), does not encompass convictions under section 800.04, Florida Statutes (2020). On remand, the trial

JUAN CRESENCIO MATOS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 65358325

Published

section 775.082(3)(a)4. for the violation of section 800.04(5)(b). Pursuant to section 775.082(3)(a)4.a

Louis Matthew Clements v. State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 9, 2023 | Docket: 66801695

Published

lascivious conduct in violation of Fla. Stat. § 800.04(6)(b) and was sentenced to five years

United States v. Mack Doak

Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2022 | Docket: 64952569

Published

Code § 13A-6-67(a)(2) (under 16); Fla. Stat. § 800.04(5) (under 16); R.I. Gen. Laws § 11-37-8.3 (under

Ngoc C. Thach v. State of Florida

Supreme Court of Florida | Filed: Jun 30, 2022 | Docket: 63560768

Published

penetration of another by any other object,” while section 800.04(5)(a) defines lewd or lascivious molestation

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127636

Published

Florida Statutes, or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the

CHARLES A. MANETTA, SR. v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 2, 2022 | Docket: 62646379

Published

between twelve and sixteen years of age under section 800.04, Florida Statutes (2021). 1 He was sentenced

United States v. Bruce Mitchell Nicholson

Court of Appeals for the Eleventh Circuit | Filed: Jan 24, 2022 | Docket: 62623741

Published

adults and young children. See generally FLA. STAT. § 800.04 (2012); N.C. GEN. STAT. § 14-27.7(a) (2012). Count

GIOVANI GUERRA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62218239

Published

person less than twelve years old pursuant to section 800.04(5)(b), Florida Statutes (2020). The appeal

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954653

Published

correctly points out that while a violation of section 800.04(5)(b) Florida Statutes, is a life felony, the

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295950

Published

correctly points out that, while a violation of section 800.04(5)(b) Florida Statutes, is a life felony, the

BENJAMIN AQUINO v. State

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706928

Published

forcibly kissing her neck, contrary to Florida Statute 800.04(6)(a) and (b).”

Ngoc C. Thach v. State of Florida

District Court of Appeal of Florida | Filed: Sep 24, 2020 | Docket: 18471182

Published

lascivious (i.e., unchaste or sensual) manner. See § 800.04(5)(a), Fla. Stat.; Lara– Castillo v. State, 244

K.D., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436369

Published

conduct by an offender under 18 in violation of section 800.04(6)(c), Florida Statutes (2015). After a violation

United States v. John William Hall

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2020 | Docket: 17368630

Published

lascivious manner, in violation of Fla. Stat. § 800.04(6), and one count of lewd or lascivious exhibition

HAROLD HUNT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218383

Published

lewd and lascivious molestation is a life felony, § 800.04(5)(b), Fla. Stat. (2011). They are not first-degree

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-08

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761639

Published

sentenced for [sexual battery] [violating Fla. Stat. 800.04] [violating Fla. Stat. 847.0135(5)].

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

on the part of the person doing an act. § 800.04(1)(a), Fla. Stat. “Sexual activity” means

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

on the part of the person doing an act. § 800.04(1)(a), Fla. Stat. “Sexual activity” means

FRANCISCO XAVIER DE ARAGON II v. STATE OF FLORIDA

273 So. 3d 26

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658410

Published

them, of a person less than 16 years of age[.]” § 800.04(5)(a), Fla. Stat. (2015). It is a life felony

CHRISTOPHER LEON JACOBS v. STATE OF FLORIDA

272 So. 3d 838

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 15638080

Published

of two of the various sex acts proscribed in section 800.04(4), Florida Statutes, during the same criminal

Albert James Hayes, II v. State of Florida

272 So. 3d 815

District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420925

Published

findings of penetration as to each count. See § 800.04(4)(a), Fla. Stat. (2015). At the sentencing hearing

ANDREW QUIJANO v. STATE OF FLORIDA

270 So. 3d 549

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071476

Published

older than twelve but younger than sixteen. See § 800.04(4)(a)(1), Fla. Stat. (2014). It is difficult for

T.L.D. v. State

266 So. 3d 881

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64707930

Published

(Fla. 5th DCA 1996) (rejecting argument that section 800.04, Florida Statutes, is unconstitutional as applied

T.L.D. v. State

266 So. 3d 881

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64707929

Published

(Fla. 5th DCA 1996) (rejecting argument that section 800.04, Florida Statutes, is unconstitutional as applied

MARK J. DEDOMINICIS v. STATE OF FLORIDA

267 So. 3d 422

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752828

Published

than sixteen years of age, in violation of section 800.04(7)(b), Florida Statutes (2016). The defendant

D.S., A CHILD v. STATE OF FLORIDA

267 So. 3d 414

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693183

Published

of the offense: ... (III) Section 800.04(5)(c) 1. where the court finds molestation

JAE-IL BYUN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618605

Published

attempt to do so. To establish a violation of section 800.04(4)(a)(1), the evidence must establish that

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses

GERALDO ALEXIS v. STATE OF FLORIDA

258 So. 3d 471

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146153

Published

which does not require proof of penetration. § 800.04(4), Fla. Stat. (2013) (defining the offense as

James A. Taylor v. State

256 So. 3d 950

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989227

Published

less than twelve years of age, in violation of section 800.04(5)(a)-(b), Florida Statutes (2013). Taylor

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

794, Florida Statutes, or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the

Jason Nicholas Frandi v. State of Florida

244 So. 3d 1180

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368665

Published

committed . . . any violation of s. 800.04,” and section 800.04 is one of the statutes enumerated in section

Loor v. State

240 So. 3d 136

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333484

Published

person less than twelve (12) years of age under section 800.04(5)(b), Florida Statutes (2012), and one count

Wromas Jr. v. State

239 So. 3d 748

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304693

Published

of twelve and sixteen years, in violation of section 800.04(4), Florida Statutes (2000). Section 943.0435

GUARDIAN AD LITEM PROGRAM v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 6302663

Published

1Lewd or lascivious battery under section 800.04(4)(a), Florida Statutes (2013), criminalizes

BRODERICK CAMERON FURLOW v. STATE OF FLORIDA

237 So. 3d 443

District Court of Appeal of Florida | Filed: Feb 2, 2018 | Docket: 6302667

Published

prove lewd or lascivious exhibition under section 800.04(3), Florida Statutes (1987), the State must

State of Florida v. Ronnie J. Knighton

235 So. 3d 312

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289805

Published

different factual situations than would fall under section 800.04 [lewd or lascivious battery], The term ‘unnatural’

Wright v. State

230 So. 3d 1287

District Court of Appeal of Florida | Filed: Dec 15, 2017 | Docket: 60282823

Published

count of lewd or lascivious battery pursuant to section 800.04(4)(a), Florida Statutes (2016). The trial court

Bentley v. State

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240849

Published

than sixteen years of age), in violation of section 800.04(4)(a), Florida Statutes (2013).1 We find no

Foster v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6238218

Published

establish the elements of the charged offense. See § 800.04(5)(a), (b), Fla. Stat. (2015); cf. Henderson,

Foster v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236460

Published

establish the elements of the charged offense. See § 800.04(5)(a), (b), Fla. Stat. (2015); cf. Henderson,

Phillips v. State

229 So. 3d 426

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171700

Published

thirty years for two second-degree felonies. See § 800.04(7)(a), Fla. Stat. (2002) (making lewd or lascivious

Brown v. State

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171792

Published

on a child between the years of 12 and 16 (section 800.04(4)(a)1., Florida Statutes) based on acts occurring

Samuel D. Straitiff v. State

228 So. 3d 1173, 2017 WL 4553902

District Court of Appeal of Florida | Filed: Oct 13, 2017 | Docket: 6172974

Published

Lastly, Petitioner was charged with violating section 800.04(4)(a) for attempting, to engage in sexual activity

Matias v. State

228 So. 3d 677, 2017 WL 4518529

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167375

Published

lewd molestation, .a second-degree felony, see § 800.04, Fla. Stat. (2003). 1 The prison sentences

Fleming v. State

227 So. 3d 1254, 2017 WL 4272109

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159057

Published

penetration of another by any other object.” Section 800.04(4)(a)(l), Florida Statutes (2014), defines

PETERSON BALTAZARE SIMBERT v. STATE OF FLORIDA

226 So. 3d 883, 2017 Fla. App. LEXIS 12052, 2017 WL 3616394

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142264

Published

the statute alleged to have been violated, section 800.04(4)(a). Defense counsel objected, arguing that

E.N. v. Department of Children & Families

224 So. 3d 900, 2017 WL 3614134, 2017 Fla. App. LEXIS 12006

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142198

Published

lascivious conduct, and lewd or lascivious exhibition, § 800.04(5), (6), (7), Fla. Stat. (2016). And section 39

Sierra v. State

230 So. 3d 48

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6132934

Published

or lascivious molestation, in violation of section 800.04(5)(b), Florida Statutes (2009), and one count

Carlos J. Acevedo v. State of Florida

218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849

Published

under section 800.04, Florida Statutes (1981), did not contain elements similar to section 800.04(4),

Fosmire v. State

215 So. 3d 200, 2017 WL 1534770, 2017 Fla. App. LEXIS 6006

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60264629

Published

when they are *201in fact second-degree felonies. § 800.04(7) (b), Fla. Stat. (2017) (“An offender 18 years

Brugal v. State

217 So. 3d 134, 2017 WL 1076893, 2017 Fla. App. LEXIS 3781

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 4620365

Published

but under 16 years of age, in violation of section 800.04, Florida Statutes (2012); and three acts of

Francis Wong v. State of Florida

212 So. 3d 351, 42 Fla. L. Weekly Supp. 250, 2017 WL 823611, 2017 Fla. LEXIS 424

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612630

Published

against a victim less than twelve years of age, § 800.04(5)(b), Fla. Stat., three counts of lewd or lascivious

Woodruff v. State

208 So. 3d 1265, 2017 WL 362550, 2017 Fla. App. LEXIS 719

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573203

Published

under twelve years of age, in violation of section 800.04(5), Florida Statutes (2009). 1 Wood-ruff

Mathis v. State

204 So. 3d 104, 2016 Fla. App. LEXIS 16914

District Court of Appeal of Florida | Filed: Nov 14, 2016 | Docket: 63630512

Published

defendant was eighteen years or older, contrary to Section 800.04(4)(a).... ” In Count 3, the State alleged that

Vega v. State

208 So. 3d 215, 2016 Fla. App. LEXIS 16675

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486852

Published

applied in this case or otherwise. The law (here section 800.04) makes it a crime for a twenty-seven year old

Vega v. State

208 So. 3d 215, 2016 Fla. App. LEXIS 16675

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486852

Published

applied in this case or otherwise. The law (here section 800.04) makes it a crime for a twenty-seven year old

Wromas Jr. v. State

208 So. 3d 218, 2016 Fla. App. LEXIS 16670

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486848

Published

twelve to sixteen years of age in violation of section 800.04(4), Florida Statutes (1999). The charged offense

Victor Villanueva v. State of Florida

200 So. 3d 47, 41 Fla. L. Weekly Supp. 319, 2016 Fla. LEXIS 1428, 2016 WL 4168765

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108654

Published

or buttocks (4) in a lewd or lascivious manner. § 800.04(5)(a), Fla. Stat. (2008). . As relevant here

Victor Villanueva v. State of Florida

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4416257

Published

or buttocks (4) in a lewd or lascivious manner. § 800.04(5)(a), Fla. Stat. (2008).

Duclos-Lasnier v. State

192 So. 3d 1234, 2016 Fla. App. LEXIS 8108, 2016 WL 3057352

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3068166

Published

texting an adult sheriffs deputy. See § 800.04(4)(a), Fla. Stat. (2012). However, “Florida

Ronnie J. Knighton v. State of Florida

193 So. 3d 115, 2016 Fla. App. LEXIS 7965, 2016 WL 3003343

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071382

Published

lascivious battery pursuant to section 800.04, Florida Statutes. § 800.04(4)(a)l., Fla. Stat. (2013) (“A

Duclos-Lasnier v. State

District Court of Appeal of Florida | Filed: Apr 1, 2016 | Docket: 3050107

Published

actually texting an adult sheriff's deputy. See § 800.04(4)(a), Fla. Stat. (2012). However

William Greene v. State of Florida

186 So. 3d 1099, 2016 Fla. App. LEXIS 3133, 2016 WL 803647

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040730

Published

violation of - Florida Statute 800.04(6)(a)(b).” (Emphasis added). Pursuant to section 800.04(6), Florida

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

victim’s parent or guardian. Sexual Activity [F.S.Section 800.04(4), Florida Statutes] The offense

McCarron v. State

185 So. 3d 666, 2016 Fla. App. LEXIS 1766, 2016 WL 519614

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035160

Published

less than sixteen years of age, a violation of section 800.04(7), Florida Statutes (1999), a second-degree

Rodriguez v. State

198 So. 3d 710, 2016 Fla. App. LEXIS 1175, 2016 WL 358866

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 3032373

Published

0135(3), and attempted lewd or lascivious battery, § 800.04(4)(a), Fla. Stat. (2012). In pertinent part, the

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

victim’s parent or guardian. Sexual Activity [F.S.Section 800.04(4), Florida Statutes] The offense

Stephen C. Hanf v. State of Florida

182 So. 3d 704

District Court of Appeal of Florida | Filed: Dec 17, 2015 | Docket: 3022389

Published

molestation of L.C. as charged pursuant to section 800.04(5), Florida Statutes. Because appellant was

William R. Crews v. State of Florida

183 So. 3d 329, 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535

Supreme Court of Florida | Filed: Nov 25, 2015 | Docket: 3015983

Published

and under the age of sixteen in violation of section 800.04(5)(a), (c)2., Florida Statutes (2006); three

Buchanan v. State

179 So. 3d 393, 2015 Fla. App. LEXIS 16704, 2015 WL 6757638

District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 60251751

Published

Buchanan, was found guilty of violating both section 800.04(5)(a) and 800.04(5)(b), Florida Statutes (2013)

Charles Osborn v. State of Florida

177 So. 3d 1034

District Court of Appeal of Florida | Filed: Nov 2, 2015 | Docket: 3009228

Published

person against his or her will. See § 800.04(l)(b), (4)(a)-(b). Given the elements of the offense

Antony Deshawn Melvin v. State of Florida

177 So. 3d 648

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991565

Published

punishable as provided in s. 775.082(3)(a)4.” § 800.04(5)(b), Fla. Stat. (2012). Section 775.082(3)(a)4

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

the mouth, anus, or vagina of the other. § 800.04(2), Fla. Stat. Neither (victim’s) lack

Cotton v. State

176 So. 3d 310, 2015 Fla. App. LEXIS 12718, 2015 WL 5023063

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687686

Published

twelve and sixteen years of age, in violation of section 800.04(5)(c)2, Florida Statutes (2009); and two counts

Hogan v. State

173 So. 3d 903, 2015 Fla. App. LEXIS 12037, 2015 WL 4768957

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60250232

Published

REMANDED. ORFINGER and EDWARDS, JJ., concur. . § 800.04(4)(a), Fla. Stat. (2009). . The Baker Act authorizes

Carlos J. Acevedo v. State of Florida

174 So. 3d 437, 2015 Fla. App. LEXIS 11397, 2015 WL 4549626

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679174

Published

under section 800.04, Florida Statutes (1981), did not contain elements similar to section 800.04(4), Florida

Marcus Jamal Graham v. State of Florida

170 So. 3d 141

District Court of Appeal of Florida | Filed: Jul 7, 2015 | Docket: 2671910

Published

the clothing covering them, in violation of section 800.04(5)(a), Florida Statutes (2013). The testimony

Kenneth McLean v. State of Florida

165 So. 3d 737, 2015 Fla. App. LEXIS 7629, 2015 WL 2393311

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679328

Published

convictions and sentences on all other counts. Section 800.04(4)(a), Florida Statutes (2011), provides, in

United States v. Thomas Patrick Keelan

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2015 | Docket: 2900192

Published

7, 125 S. Ct. 377, 381 (2004). 6 Florida Statute 800.04 qualifies as a “crime of violence” within

James Ryan Lopiano v. State of Florida

164 So. 3d 82, 2015 WL 2089039

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679360

Published

counts of lewd or lascivious molestation under section 800.04(5), Florida Statutes (2009). He was sentenced

Jose Luis Lopez v. State of Florida

169 So. 3d 143, 2015 Fla. App. LEXIS 6719, 2015 WL 2089068

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679359

Published

convicted of lewd or lascivious molestation under section 800.04(5)(b), Florida Statutes (2011), and sentenced

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648

Published

BATTERY (ENGAGING IN SEXUAL ACTIVITY) § 800.04(4)(a)1, Fla. Stat. To prove the crime of

M.B. v. State

159 So. 3d 960, 2015 Fla. App. LEXIS 3586, 2015 WL 1071057

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246717

Published

children under the age of twelve, in violation of section 800.04(5)(c)l, Florida Statutes (2012). At the time

McNeil v. State

162 So. 3d 274, 2015 WL 1071158

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60247467

Published

lewd or lascivious molestation in violation of section 800.04(5), Florida Statutes (2006), which requires

Cobb v. State

156 So. 3d 581, 2015 Fla. App. LEXIS 1182, 2015 WL 376479

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 60245821

Published

child, which was alleged to be in violation of section 800:04(1), Florida Statutes (2012). He contends, and

Johnson v. Guevara

156 So. 3d 557, 2015 Fla. App. LEXIS 648, 2015 WL 249322

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245811

Published

victim twelve years of age or younger, under section 800.04(5)(b), Florida Statutes (2014). The State did

Luis Hernandez v. State

162 So. 3d 130, 2014 Fla. App. LEXIS 20080, 2014 WL 6910851

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613284

Published

in section 775.082(3)(a)4., Florida Statutes. § 800.04(5)(b), Fla. Stat. (2008). Section 775.082(3)(a)4

Kevin Spencer v. United States

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2014 | Docket: 2603310

Published

5 of 107 lascivious battery, see Fla. Stat. § 800.04(4) (2004), but he pleaded guilty to a lesser

Monroe v. State

148 So. 3d 850, 2014 Fla. App. LEXIS 17461, 2014 WL 5420656

District Court of Appeal of Florida | Filed: Oct 27, 2014 | Docket: 60243634

Published

than 12 by a person 18 or older is a life felony. § 800.04(5)(b), Fla. Stat. (2011). However, a lewd or lascivious

State of Florida v. Khalid Muhammad

148 So. 3d 159

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443006

Published

his penis or any other object,” contrary to section 800.04(4)(a), Florida Statutes (2011). The victim

State of Florida v. Khalid Muhammad

148 So. 3d 159

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443006

Published

his penis or any other object,” contrary to section 800.04(4)(a), Florida Statutes (2011). The victim

Jonathon Glen Harrelson v. State of Florida

146 So. 3d 171

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310675

Published

Enticed the Child to so Touch Him, contrary to Section 800.04(1), Florida Statutes. The State timely

Jonathon Glen Harrelson v. State of Florida

146 So. 3d 171

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310675

Published

Enticed the Child to so Touch Him, contrary to Section 800.04(1), Florida Statutes. The State timely

Mauldin v. State

161 So. 3d 527, 2014 Fla. App. LEXIS 13485, 2014 WL 4270940

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 1178651

Published

victim less than twelve years old. See § 800.04(5)(b), Fla. Stat. (2008). We affirmed his judgment

Garcia v. State

143 So. 3d 1105, 2014 Fla. App. LEXIS 11779, 2014 WL 3765447

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 464142

Published

prove lewd or lascivious molestation under section 800.04(5), Florida Statutes (2011), but it would not

State of Florida v. Eric J. Drawdy

136 So. 3d 1209, 39 Fla. L. Weekly Supp. 209, 2014 WL 1408556, 2014 Fla. LEXIS 1208

Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 56993

Published

count of lewd or lascivious molestation under section 800.04(5)(a), Florida Statutes (2006), 3

Ramirez v. State

133 So. 3d 648, 2014 WL 996524, 2014 Fla. App. LEXIS 3604

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238866

Published

and with lewd or lascivious molestation under section 800.04(5)(b), Florida Statutes, for “touching] the

Walker v. State

137 So. 3d 1, 2014 WL 866153, 2014 Fla. App. LEXIS 3055

District Court of Appeal of Florida | Filed: Mar 5, 2014 | Docket: 60240129

Published

lascivious molestation, all second-degree felonies. See § 800.04(5)(c)(2), (6)(b), Fla. Stat. (2011). The trial

Delgado v. City of Miami

990 F. Supp. 2d 1381, 2014 WL 667408, 2014 U.S. Dist. LEXIS 24027

District Court, S.D. Florida | Filed: Feb 21, 2014 | Docket: 65996634

Published

is less than sixteen years of age. FLA. STAT. § 800.04(7). Probable cause must be judged by the facts

Andrews v. State

130 So. 3d 788, 2014 WL 443986, 2014 Fla. App. LEXIS 1372

District Court of Appeal of Florida | Filed: Feb 4, 2014 | Docket: 60237892

Published

commit a lewd or lascivious act in violation of section 800.04(6)(a) and (b), Florida Statutes (2012), arguing

Hernandez v. State

135 So. 3d 352, 2013 WL 6635765, 2013 Fla. App. LEXIS 20003

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60239578

Published

minor to commit a lewd or lascivious act. See § 800.04(6), Fla. Stat. (2003). At trial, the victim testified

State v. Debaun

129 So. 3d 1089, 2013 WL 5814005, 2013 Fla. App. LEXIS 17224

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60237287

Published

“handling” and “fondling” as proscribed by section 800.04 of the Florida Statutes (1981).4 Deciding that

Phillips v. State

128 So. 3d 101, 2013 Fla. App. LEXIS 14807, 2013 WL 5226515

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60236936

Published

sixteen years old, a second-degree felony. *102See § 800.04(5)(c)(2), Fla. Stat. (2004). However, the judgment

Carroso v. State

129 So. 3d 374, 2013 WL 5224914, 2013 Fla. App. LEXIS 14797

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237376

Published

crime of lewd and lascivious molestation under section 800.04(6), Florida Statutes (2001), analogizing to

Niles v. State

120 So. 3d 658, 2013 WL 4859090, 2013 Fla. App. LEXIS 14586

District Court of Appeal of Florida | Filed: Sep 12, 2013 | Docket: 60234190

Published

lewd or lascivious molestation in violation of section 800.04(5)(b), Florida Statutes, for conduct allegedly

Canaday v. State

120 So. 3d 615, 2013 WL 4605573, 2013 Fla. App. LEXIS 13932

District Court of Appeal of Florida | Filed: Aug 30, 2013 | Docket: 60234161

Published

SAWAYA, ORFINGER and LAWSON, JJ., concur. . See § 800.04(5)(c)2„ Fla. Stat. (2004). . See § 794.01 l(8)(b)

Tompkins v. State

119 So. 3d 533, 2013 Fla. App. LEXIS 12802, 2013 WL 4223320

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60233640

Published

lewd and lascivious battery in violation of section 800.04(4)(a), Florida Statutes (2008). Tompkins (eighteen

Usry v. State

118 So. 3d 988, 2013 WL 4104463, 2013 Fla. App. LEXIS 12786

District Court of Appeal of Florida | Filed: Aug 15, 2013 | Docket: 60233517

Published

for lewd or lascivious exhibition pursuant to section 800.04(7), Florida Statutes (2011). Appellant argues

Shaw v. State

118 So. 3d 302, 2013 WL 3927681, 2013 Fla. App. LEXIS 11999

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60233173

Published

part: 11.10(c) LEWD OR LASCIVIOUS MOLESTATION § 800.04(5), Fla. Stat. To prove the crime of Lewd or Lascivious

Felder v. State

116 So. 3d 605, 2013 WL 3238157, 2013 Fla. App. LEXIS 10314

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60232406

Published

than sixteen years of age, in violation of section 800.04(4)(a), Florida Statutes (2010). The victim

In re Standard Jury Instructions in Criminal Cases-Instruction 11.16(A)

116 So. 3d 1223, 2013 Fla. LEXIS 1931, 2013 WL 3064823

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232302

Published

section 794.011(2), (3), (4), (5), or (8); section 800.04(4) or (5); section 825.1025(2) or (3); section

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

activity involve force or coercion? Yes. No. . F.S. 800.04(51(dl; Lewd or Lascivious Molestation - Victim

Montgomery v. State

112 So. 3d 781, 2013 WL 2121750, 2013 Fla. App. LEXIS 7964

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231276

Published

third-degree felony; and (2) a violation of section 800.04(4)(a), Florida Statutes (2009), a second-degree

Morgan v. State

112 So. 3d 122, 2013 WL 1844310, 2013 Fla. App. LEXIS 7157

District Court of Appeal of Florida | Filed: May 3, 2013 | Docket: 60230993

Published

Stat. (2010); § 800.04(4)(a), Fla. Stat. (2010). .§ 777.04(1), Fla. Stat. (2010); § 800.04(7)(a)l.-3„

Matos v. State

111 So. 3d 964, 2013 WL 1775547, 2013 Fla. App. LEXIS 6734

District Court of Appeal of Florida | Filed: Apr 26, 2013 | Docket: 60230930

Published

lascivious assault upon a child, pursuant to section 800.04(1), Florida Statutes (1997). The amended information

Driscoll v. State

111 So. 3d 945, 2013 WL 1689033, 2013 Fla. App. LEXIS 6482

District Court of Appeal of Florida | Filed: Apr 19, 2013 | Docket: 60230921

Published

17, 1994, to March 6, 1995, in violation of section 800.04, Florida Statutes (Supp.1994). The court sentenced

Pamblanco v. State

111 So. 3d 249, 2013 WL 1482855, 2013 Fla. App. LEXIS 5896

District Court of Appeal of Florida | Filed: Apr 12, 2013 | Docket: 60230786

Published

victim to be under sixteen. He contends under section 800.04(6), Florida Statutes (2011), the victim must

Cupas v. State

109 So. 3d 1174, 2013 Fla. App. LEXIS 4440, 2013 WL 1136314

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60229449

Published

lewd or lascivious molestation in violation of section 800.04(5)(a), Florida Statutes (2007). Count I alleged

State v. Baez-Delarosa

107 So. 3d 1205, 2013 WL 645533, 2013 Fla. App. LEXIS 2955

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228594

Published

lascivious molestation of a child in violation of section 800.04(5)(c)(2)., Florida Statutes; and one count

State v. Baez-Delarosa

107 So. 3d 1205, 2013 WL 645533, 2013 Fla. App. LEXIS 2955

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228594

Published

lascivious molestation of a child in violation of section 800.04(5)(c)(2)., Florida Statutes; and one count

Register v. State

107 So. 3d 512, 2013 WL 557178, 2013 Fla. App. LEXIS 2408

District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60228696

Published

lewd or lascivious molestation in violation of section 800.04(5)(b), Florida Statutes. In count one, the

Fireline Bail Bonds v. Brock

110 So. 3d 11, 2013 WL 440050, 2013 Fla. App. LEXIS 1822

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60230174

Published

lewd or lascivious battery, a violation of section 800.04(4)(a), Florida Statutes (2007), and a second-degree

Cramer v. State

103 So. 3d 1039, 2012 Fla. App. LEXIS 22147, 2012 WL 6719476

District Court of Appeal of Florida | Filed: Dec 28, 2012 | Docket: 60226858

Published

corrected to read that the statute violated was section 800.04(4), Florida Statutes (1995), and that the offense

Mistretta v. State

99 So. 3d 561, 2012 WL 3763559, 2012 Fla. App. LEXIS 14640

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60313096

Published

count of lewd and lascivious battery is legal. See § 800.04(4), Fla. Stat. (2005); State v. Meeks, 789 So

Graves v. State

95 So. 3d 1033, 2012 WL 3629372, 2012 Fla. App. LEXIS 14164

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311061

Published

and JACOBUS, JJ., concur. . § 800.04(4)(a), Fla. Stat. (2003). . § 800.04(5)(a), Fla. Stat. (2003).

Contreras-Garcia v. State

95 So. 3d 993, 2012 WL 3588370, 2012 Fla. App. LEXIS 14004

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311361

Published

information states that the offense is a violation of section 800.04, Florida Statutes, and is a life felony. The

Clark v. State

95 So. 3d 986, 2012 WL 3588174, 2012 Fla. App. LEXIS 13894

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311359

Published

him with lewd and lascivious battery under section 800.04(4)(a), Florida Statutes (2008). In October

Calderon v. State

93 So. 3d 439, 2012 WL 2813998, 2012 Fla. App. LEXIS 11101

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310589

Published

child under sixteen years of age, pursuant to section 800.04(7), Florida Statutes (2010), and one count

Moulton v. State

113 So. 3d 866, 2012 WL 2054115, 2012 Fla. App. LEXIS 9189

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60231625

Published

lascivious conduct, § 800.04(6), Fla. Stat. (2007), lewd or lascivious exhibition, § 800.04(7), and contributing

United States v. William Homero Cortes-Salazar

682 F.3d 953, 2012 WL 1939798, 2012 U.S. App. LEXIS 10886

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2012 | Docket: 2904653

Published

determining that his prior conviction under Fla. Stat. § 800.04 for a “lewd assault act” qualified as “sexual

Erlsten v. State

78 So. 3d 60, 2012 Fla. App. LEXIS 514, 2012 WL 126204

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60305081

Published

upon a child under sixteen in violation of section 800.04, Florida Statutes (1997). The court sentenced

Johnson v. State

76 So. 3d 1124, 2012 Fla. App. LEXIS 40, 2012 WL 28803

District Court of Appeal of Florida | Filed: Jan 6, 2012 | Docket: 60304179

Published

Exhibition in the presence of, a six year old girl. § 800.04(6) & (7), Fla. Stat. Because the record does not

State v. Samuels

76 So. 3d 1109, 2011 Fla. App. LEXIS 20892, 2011 WL 6843011

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60304170

Published

less than 16 years of age, in violation of section 800.04(4)(a), Florida Statutes (2009). He was sentenced

Posey v. State

65 So. 3d 122, 2011 Fla. App. LEXIS 10316, 2011 WL 2578577

District Court of Appeal of Florida | Filed: Jun 30, 2011 | Docket: 1291445

Published

lewd or lascivious molestation pursuant to section 800.04(5), Florida Statutes (2007). Appellant raises

Moody v. State

61 So. 3d 1161, 2011 Fla. App. LEXIS 5426, 2011 WL 1451771

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 2571477

Published

thus the crime was designated as a life felony. § 800.04(5)(b), Fla. Stat. (2005). Moody was charged and

Clinton v. State

57 So. 3d 262, 2011 Fla. App. LEXIS 3986, 2011 WL 1076999

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 375203

Published

NOTES [1] § 827.071(5), Fla. Stat. (2007). [2] § 800.04(5)(b), Fla. Stat. (2007). [3] § 827.071(3), Fla

Myles v. State

54 So. 3d 509, 2010 Fla. App. LEXIS 19105, 2010 WL 5093168

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60298299

Published

sixteen (12-16) years of age in violation of section 800.04(5) of the Florida Statutes (2001). Myles argues

In re Standard Jury Instructions in Criminal Cases—Report No. 2010-03

48 So. 3d 41, 35 Fla. L. Weekly Supp. 559, 2010 Fla. LEXIS 1641, 35 Fla. L. Weekly Fed. S 559

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 60296604

Published

UPON OR IN THE PRESENCEOF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed

K.J.F. v. State

44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295550

Published

or lascivious molestation, in violation of section 800.04(5)(c)l, Florida Statutes (2008); lewd or lascivious

JS v. State

45 So. 3d 910, 2010 WL 3766818

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2398224

Published

conduct to lewd and lascivious molestation. Section 800.04(6)(a), Florida Statutes states that a person

Bishop v. State

46 So. 3d 75, 2010 Fla. App. LEXIS 13422, 2010 WL 3515473

District Court of Appeal of Florida | Filed: Sep 10, 2010 | Docket: 60296369

Published

(2006). . § 800.04(5), Fla. Stat. (2006). . § 800.04(6), Fla. Stat. (2006). . § 800.04(7), Fla. Stat

Price v. State

43 So. 3d 854, 2010 Fla. App. LEXIS 12916, 2010 WL 3446663

District Court of Appeal of Florida | Filed: Sep 3, 2010 | Docket: 1927866

Published

lascivious assault upon a child in violation of section 800.04, Florida Statutes. The offenses were alleged

United States v. Donald Ray Harris

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2010 | Docket: 2907259

Published

the age of sixteen in violation of Fla. Stat. § 800.04(3) (1996) (amended 1999).2 Id. The government

Herring v. State

35 So. 3d 966, 2010 Fla. App. LEXIS 6297, 2010 WL 1812635

District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 1646250

Published

ORFINGER, JJ., concur. NOTES [1] § 800.04(4)(a), Fla. Stat. (2005). [2] § 800.04(5)(c)2., Fla. Stat. (2005)

LaVALLEY v. State

30 So. 3d 513, 2010 Fla. App. LEXIS 3910, 2009 WL 4874760

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639536

Published

794.011(l)(h) & (8)(b), Fla. Stat. (2006). . § 800.04(5)(a) & (c)2„ Fla. Stat. (2006). .Pursuant to

Simmons v. State

25 So. 3d 638, 2009 Fla. App. LEXIS 20523, 2009 WL 5151752

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2569067

Published

Simmons had been adjudicated guilty of violating section 800.04, Florida Statutes (2000), he was ineligible

Courson v. State

24 So. 3d 1249, 2009 Fla. App. LEXIS 20510, 2009 WL 5151525

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648322

Published

but under 16 years of age, in violation of section 800.04(4), Florida Statutes. Appellant was also charged

Burrow v. State

18 So. 3d 40, 2009 Fla. App. LEXIS 13193, 2009 WL 2871137

District Court of Appeal of Florida | Filed: Sep 9, 2009 | Docket: 151330

Published

other records show a conviction for violating section 800.04(5)(c)(2), Florida Statutes (2001), a second-degree

Burrow v. State

18 So. 3d 40, 2009 Fla. App. LEXIS 13193, 2009 WL 2871137

District Court of Appeal of Florida | Filed: Sep 9, 2009 | Docket: 151330

Published

other records show a conviction for violating section 800.04(5)(c)(2), Florida Statutes (2001), a second-degree

Frank v. State

23 So. 3d 129, 2009 Fla. App. LEXIS 12671, 2009 WL 2632225

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1657786

Published

of Lewd and Lascivious Molestation *130under section 800.04, Florida Statutes. The attached Probable Cause

Harrison v. State

15 So. 3d 916, 2009 Fla. App. LEXIS 10956, 2009 WL 2392900

District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 2590362

Published

offender over 18 years of age, in violation of section 800.04(5)(b), Florida Statutes (2007). The appellant

Corley v. State

44 So. 3d 109, 2009 Fla. App. LEXIS 9615, 2009 WL 2031177

District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 60295546

Published

he pled guilty to two felony violations of section 800.04 of the Florida Statutes and was placed on probation

McDonald v. State

15 So. 3d 695, 2009 Fla. App. LEXIS 8838, 2009 WL 1809928

District Court of Appeal of Florida | Filed: Jun 26, 2009 | Docket: 1190683

Published

lascivious molestation, a first-degree felony under section 800.04(5)(a)-(b), Florida Statutes (1999). In this

Durbrow v. State

12 So. 3d 817, 2009 Fla. App. LEXIS 5865, 2009 WL 1424084

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 60233832

Published

contendere to two counts of lewd and lascivious act, section 800.04(2), Florida Statutes (1997), second-degree

United States v. Lanzon

613 F. Supp. 2d 1348, 2009 WL 1270208, 2009 U.S. Dist. LEXIS 40273

District Court, S.D. Florida | Filed: May 6, 2009 | Docket: 1866538

Published

been charged as a sexual battery under Florida Statute 800.04(4)(a)." D.E. # 219, pg. 1. As reflected

Leland v. State

7 So. 3d 616, 2009 Fla. App. LEXIS 2725, 2009 WL 875828

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 527373

Published

I. Mr. Leland was charged with violating section 800.04, Florida Statutes (2002), by engaging in the

Brown v. State

18 So. 3d 599, 2009 Fla. App. LEXIS 2714, 2009 WL 886231

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 2579800

Published

CURIAM. Appellant appeals his conviction under section 800.04(5), Florida Statutes, on several points, only

GAEDTKE v. McNeil

612 F. Supp. 2d 1209, 2009 U.S. Dist. LEXIS 29093, 2009 WL 800135

District Court, M.D. Florida | Filed: Mar 25, 2009 | Docket: 2361666

Published

covering her vaginal area, contrary to Florida Statute 800.04(5)(a)(b). (1 DEG FEL.) Ex. E, Information

Pringle v. State

6 So. 3d 673, 2009 Fla. App. LEXIS 2193, 2009 WL 633197

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 60299795

Published

molestation, a second-degree felony violation of section 800.04(5)(a), Florida Statutes (2006). He was found

Schuster v. State

17 So. 3d 304, 2009 Fla. App. LEXIS 575, 2009 WL 187583

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1645591

Published

counts of lewd and lascivious molestation under section 800.04(5)(a), Florida Statutes (2007), and four counts

Darville v. State

995 So. 2d 1025, 2008 Fla. App. LEXIS 16785, 2008 WL 4722762

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 64856916

Published

16 years of age to so touch the perpetrator.” § 800.04(5)(a), Fla. Stat. (2007). In this case, the sexual

Miller v. State

991 So. 2d 946, 2008 WL 4067304

District Court of Appeal of Florida | Filed: Sep 4, 2008 | Docket: 1401396

Published

less than sixteen years old, in violation of section 800.04(4)(a), Florida Statutes (2005). Miller raises

DeRosa v. TUNNEL

989 So. 2d 1206, 2008 WL 3357333

District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 1665255

Published

lewd and lascivious conduct in violation of section 800.04(4) and was sentenced to 2 years of community

Beatty v. State

983 So. 2d 701, 2008 WL 2309012

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1756470

Published

lascivious molestation upon a child in violation of section 800.04(5)(c), Florida Statutes (2005). He argues that

Goolde v. State

978 So. 2d 249, 2008 Fla. App. LEXIS 4828, 2008 WL 895835

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 64854403

Published

molestation on victims less than twelve years old. See § 800.04(5)(b), Fla. Stat. (2006). In doing so, we note

Burnett v. State

973 So. 2d 1203, 2008 Fla. App. LEXIS 419, 2008 WL 142095

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 64853867

Published

molestation as defined by section 794.011 or section 800.04, Florida Statutes (2001); possession of child

Moore v. State

967 So. 2d 991, 2007 Fla. App. LEXIS 16851, 2007 WL 3118865

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 64853008

Published

elements of false imprisonment are repeated in section 800.04(5)(c)2, which defines lewd and lascivious molestation

Torgerson v. State

964 So. 2d 178, 2007 Fla. App. LEXIS 11798, 2007 WL 2189118

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64852128

Published

on a person between 12 and 16, contrary to section 800.04(4)(a), Florida Statutes, and (2) sexual battery—

D.O. v. State

961 So. 2d 1053, 2007 Fla. App. LEXIS 11368, 2007 WL 2089306

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 64851623

Published

but less than 16 years old, in violation of section 800.04(4)(a), Florida Statutes. The sexual battery

Felton v. State

959 So. 2d 438, 2007 Fla. App. LEXIS 10784, 2007 WL 2010834

District Court of Appeal of Florida | Filed: Jul 13, 2007 | Docket: 64851292

Published

concur. . § 794.011(5), Fla. Stat. (2002). . § 800.04(4), Fla. Stat. (2002).

In re Amendments to Florida Rule of Criminal Procedure 3.790

959 So. 2d 1187, 32 Fla. L. Weekly Supp. 423, 2007 Fla. LEXIS 1192, 2007 WL 1932238

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 64851468

Published

Statutes, section 800.04(4), Florida Statutes, section 800.04(5), Florida Statutes, section 800.04(6), Florida

Hayes v. State

954 So. 2d 1265, 2007 Fla. App. LEXIS 6320, 2007 WL 1223452

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 64850357

Published

lewd or lascivious molestation in violation of section 800.04(5)(b), Florida Statutes (2006). He raises as

Rains v. State

955 So. 2d 39, 2007 Fla. App. LEXIS 3832, 2007 WL 776534

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 64850388

Published

twelve-year-old boy. He was charged pursuant to section 800.04(4)(a), Florida Statutes (2003). We affirm.

Holland v. State

953 So. 2d 19, 2007 Fla. App. LEXIS 3066, 2007 WL 624735

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 64849971

Published

performed by Mr. Holland on the juvenile. See § 800.04(4)(a), Fla. Stat. (2001-2003). Finally, in 2003

McCain v. State

944 So. 2d 507, 2006 WL 3733322

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 266225

Published

charge of lewd or lascivious act (count 5), see § 800.04(4), Fla. Stat. (2002), exceeded the fifteen-year

Felts v. State

941 So. 2d 472, 2006 Fla. App. LEXIS 18288, 2006 WL 3078936

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847744

Published

a child under twelve years in violation of section 800.04(5)(b), and one count of battery of a child

Cardinal v. State

939 So. 2d 158, 2006 Fla. App. LEXIS 16404, 2006 WL 2785076

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 64847152

Published

that he could lawfully enter such a plea. See § 800.04, Fla. Stat. (1998). He was sentenced to serve

State v. Coleman

937 So. 2d 1226, 2006 WL 2714277

District Court of Appeal of Florida | Filed: Sep 25, 2006 | Docket: 1513166

Published

section 827.03. Smith involved a conviction under section 800.04(1), Florida Statutes (Supp. 1990), which proscribed

State v. D.A.

939 So. 2d 149, 2006 Fla. App. LEXIS 15653

District Court of Appeal of Florida | Filed: Sep 22, 2006 | Docket: 64847150

Published

period to correct an erroneous citation to section 800.04(5)(c)(2), Florida Statutes (which applies to

State v. D.A.

939 So. 2d 149, 2006 Fla. App. LEXIS 15653

District Court of Appeal of Florida | Filed: Sep 22, 2006 | Docket: 64847150

Published

period to correct an erroneous citation to section 800.04(5)(c)(2), Florida Statutes (which applies to

Ornis v. State

932 So. 2d 648, 2006 Fla. App. LEXIS 11592, 2006 WL 1896607

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64845638

Published

or older but less than 16 years of age .... ” § 800.04(l)(a), (4), Fla. Stat. (2003). If the jury had

Leveille v. State

927 So. 2d 1008, 2006 Fla. App. LEXIS 5635, 2006 WL 1007249

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64844469

Published

Leveille with lewd or lascivious battery under section 800.04, Florida Statutes. The jury instructions for

Castaneda v. State

922 So. 2d 451, 2006 WL 625865

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 2567342

Published

older than twelve years of age in violation of section 800.04(4)(a), Florida Statutes (2004). Thereafter

Womancare of Orlando, Inc. v. Agwunobi

448 F. Supp. 2d 1309, 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765

District Court, N.D. Florida | Filed: Feb 10, 2006 | Docket: 1883404

Published

of age" commits a felony of the second degree. § 800.04(4)(a). A person "24 years of age or older who

Randall v. State

919 So. 2d 695, 2006 Fla. App. LEXIS 1156, 31 Fla. L. Weekly Fed. D 356

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 64842083

Published

genital area of [A.J.], contrary to F.S. 800.04(6)(a) and F.S. 800.04(6)(b). Randall argues that his alleged

Felipe v. State

910 So. 2d 433, 2005 Fla. App. LEXIS 14748, 2005 WL 2292257

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840323

Published

a first degree to a second degree felony. See § 800.04(5)(b), (c)2., Fla. Stat. (2002). We cannot discern

Knarich v. State

932 So. 2d 257, 2005 WL 2172240

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1285649

Published

under the age of sixteen years, a violation of section 800.04(1), Florida Statutes (1997). The trial court

Lupianez v. State

909 So. 2d 600, 2005 Fla. App. LEXIS 13879, 2005 WL 2105369

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840190

Published

(Fla. 2d DCA 2004) (holding that violation of section 800.04(4), Florida Statutes (2001) — a second-degree

Hubbard v. State

912 So. 2d 629, 2005 Fla. App. LEXIS 13870, 2005 WL 2105954

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840639

Published

lewd or lascivious battery in violation of section 800.04(4)(a), Florida Statutes (2000); and (3) child

Bebout v. State

904 So. 2d 613, 2005 Fla. App. LEXIS 9690, 2005 WL 1458638

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 64839069

Published

community control. He was convicted of violating section 800.04(5)(b), Florida Statutes (2004), a first degree

J.I.S. v. State

902 So. 2d 890, 2005 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 64838502

Published

(lewd or lascivious battery in violation of section 800.04(4), Fla. Stat. (2003)), punishable by imprisonment

State v. Ortega

891 So. 2d 623, 2005 Fla. App. LEXIS 563

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835483

Published

between July 1, 1990, and February 1, 1991. See § 800.04, Fla. Stat. (1989). Ortega’s probation was revoked

In Re Commitment of Ortega

891 So. 2d 623, 2005 WL 155468

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704548

Published

between July 1, 1990, and February 1, 1991. See § 800.04, Fla. Stat. (1989). Ortega's probation was revoked

In Re Commitment of Ortega

891 So. 2d 623, 2005 WL 155468

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704548

Published

between July 1, 1990, and February 1, 1991. See § 800.04, Fla. Stat. (1989). Ortega's probation was revoked

State v. Roberson

888 So. 2d 727, 2004 Fla. App. LEXIS 18853, 2004 WL 2827003

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64834710

Published

his penis to touch [K.A.’s] face, contrary to Section 800.04(5), Florida Statutes. Count 3 alleged that

State v. Torres

890 So. 2d 292, 2004 Fla. App. LEXIS 18322, 2004 WL 3023408

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64835259

Published

battery, a second-degree felony violation of section 800.04, Florida Statutes (2002), for sexual activity

Meyers v. State

884 So. 2d 219, 2004 Fla. App. LEXIS 11410, 2004 WL 1736795

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64833456

Published

battery, a second-degree felony in violation of section 800.04(4), Florida Statutes (2001). An offender convicted

Montoure v. State

880 So. 2d 793, 2004 Fla. App. LEXIS 11307, 2004 WL 1685245

District Court of Appeal of Florida | Filed: Jul 29, 2004 | Docket: 64832289

Published

the out-of-state conviction was equivalent to section 800.04, Florida Statutes, which is a level seven offense

Hernandez v. McCray

879 So. 2d 60, 2004 WL 1673406

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 463793

Published

petitioner was arrested for an alleged violation of Section 800.04(4)(a), Florida Statutes (2003), in December

M.L.C. v. State

875 So. 2d 810, 2004 Fla. App. LEXIS 9679

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 64831161

Published

Lewd or lascivious molestation, as provided in section 800.04(5)(a),(c)(1), Florida Statutes (2002), proscribes

Standard Jury Instructions in Criminal Cases (2003-1)

869 So. 2d 1205, 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 64829550

Published

reexamine the proposed instructions in light of section 800.04, subsections (2) and (3), Florida Statutes

Brueckman v. State

867 So. 2d 612, 2004 Fla. App. LEXIS 2683, 2004 WL 402407

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828663

Published

Brueekman with lewd and lascivious molestation. See § 800.04(5)(b), Fla. Stat. (2001). We affirm without discussion

Sanders v. State

852 So. 2d 364, 2003 Fla. App. LEXIS 12209, 2003 WL 21946399

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 64824386

Published

upon a child, a second-degree felony under section 800.04(1), Florida Statutes. He was sentenced on April

Fretwell v. State

852 So. 2d 292, 2003 Fla. App. LEXIS 10213, 2003 WL 21537113

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64824357

Published

them ... commits lewd or lascivious molestation. § 800.04(5)(a), Fla. Stat. (2002). The terms lewd and lascivious

Neira v. State

847 So. 2d 1134, 2003 Fla. App. LEXIS 9385, 2003 WL 21459245

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 64823468

Published

or union with,” the sexual organ of another. § 800.04(l)(a), Fla. Stat. (2001). Therefore, he argued

Horne v. State

846 So. 2d 646, 2003 Fla. App. LEXIS 7977, 2003 WL 21241919

District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 64823219

Published

the presence of [his son], contrary to Florida Statute 800.04. (2 DEG FEL) (LEVEL 7). The pertinent portions

Williamson v. State

839 So. 2d 921, 2003 Fla. App. LEXIS 3722, 2003 WL 1236729

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821257

Published

under sixteen years of age in contravention of section 800.04(4), Florida Statutes (1991). We reverse. Williamson

State v. Harrington

838 So. 2d 1230, 2003 Fla. App. LEXIS 2856, 2003 WL 825177

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 64821049

Published

ruling would have been affirmed on appeal). . § 800.04(4)(a), Fla. Stat. (2001). . Dobson’s age could

Palmer v. State

838 So. 2d 579, 2002 Fla. App. LEXIS 19371, 2002 WL 31889453

District Court of Appeal of Florida | Filed: Dec 31, 2002 | Docket: 64820943

Published

lascivious act upon a child in violation of section 800.04, Florida Statutes (1997). Appellant was *580the

Moore v. Nelson

830 So. 2d 918, 2002 Fla. App. LEXIS 17169, 2002 WL 31557171

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 64819061

Published

supervision allowing an offender convicted of § 794.011, § 800.04, § 827.071, or § 847.0145, to reside in another

Hammett v. State

827 So. 2d 406, 2002 Fla. App. LEXIS 14612, 2002 WL 31269537

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 64817941

Published

Fla. Stat . § 794.01 l(4)(a), Fla. Stat. . § 800.04(4), Fla. Stat. . § 893.13(4)(b), Fla. Stat.

Govan v. State

813 So. 2d 276, 2002 WL 537973

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 64814169

Published

*277and presented to the jury for deliberation. § 800.04(4), Fla. Stat. (1999). The prosecutor and defense

Widel v. Venz

805 So. 2d 1080, 2002 Fla. App. LEXIS 1083, 2002 WL 125624

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 64812039

Published

Jackson, 790 So.2d 535 (Fla. 2d DCA 2001). . § 800.04, Fla. Stat. (1987). . § 800.03, Fla. Stat. (1987)

King v. State

802 So. 2d 1219, 2002 Fla. App. LEXIS 107, 2002 WL 21029

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 64811275

Published

lascivious conduct, a second-degree felony. See § 800.04(6)(b), Fla. Stat. (1997), (1993). This court reversed

Conforti v. State

800 So. 2d 350, 2001 Fla. App. LEXIS 16650, 2001 WL 1502899

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 64810344

Published

in public in a vulgar or indecent manner and section 800.04(7)(a)l (lewd or lascivious exhibition) specifically

Aguilar v. State

791 So. 2d 1237, 2001 Fla. App. LEXIS 11478, 2001 WL 929765

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 64807597

Published

and lascivious molestation in violation of section 800.04(5)(b), Florida Statutes (2000). We affirm the

Aguilar v. State

791 So. 2d 1237, 2001 Fla. App. LEXIS 11478, 2001 WL 929765

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 64807597

Published

and lascivious molestation in violation of section 800.04(5)(b), Florida Statutes (2000). We affirm the

D.R. v. State

790 So. 2d 1242, 2001 Fla. App. LEXIS 11366

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64807287

Published

IN THE PRESENCE OF [I.T.] (sic), contrary to Section 800.04(7)(a), Florida Statutes. After hearing the

State v. Metzler

791 So. 2d 565, 2001 Fla. App. LEXIS 11033, 2001 WL 877286

District Court of Appeal of Florida | Filed: Aug 6, 2001 | Docket: 64807408

Published

a child under the age of 16 in violation of section 800.04(3), Florida Statutes. JMM was 17 years old

J.L.B. v. State

790 So. 2d 1138, 2001 Fla. App. LEXIS 9201, 2001 WL 753798

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 64807241

Published

days after the effective date of revisions to section 800.04, Florida Statutes (1997). Ch. 99-201, § 4,

Myers v. State

788 So. 2d 1112, 2001 Fla. App. LEXIS 9213, 2001 WL 753878

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 64806560

Published

entire incident, there could be no offense under section 800.04(2), Florida Statutes (1997), which provides

Fullmer v. State

790 So. 2d 480, 2001 Fla. App. LEXIS 7889, 2001 WL 627434

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 64807093

Published

PETERSON, J., concurs specially with opinion. . § 800.04(4), Fla. Stat. (1999). . The language of the

United States v. Brijido Padilla-Reyes

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 2001 | Docket: 75762

Published

information with violation of Florida Statute § 800.04, “Lewd, lascivious, or indecent assault or act

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

sexual offense proscribed in chapter 794 or section 800.04, Florida Statutes, involving the transmission

Williams v. Henderson

779 So. 2d 450, 2000 Fla. App. LEXIS 13279, 2000 WL 1514711

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64804165

Published

himself to two young girls, in violation of section 800.04, Florida Statutes (1997), which proscribes

Quiles v. State

777 So. 2d 992, 2000 Fla. App. LEXIS 13043, 2000 WL 1476580

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 64803578

Published

maximum term of fifteen years’ incarceration. See § 800.04, Fla. Stat. (1995); § 775.082(3)(c), Fla. Stat

Golden v. State

774 So. 2d 29, 2000 Fla. App. LEXIS 11878, 2000 WL 1346570

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64802631

Published

and lascivious act upon a child contrary to section 800.04(1), Florida Statutes (1998), we direct the

Osorio v. State

769 So. 2d 429, 2000 Fla. App. LEXIS 11695, 2000 WL 1283814

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 64801043

Published

presence of a child, his 12-year old daughter, section 800.04(4), Florida Statutes (1997).

Green v. State

765 So. 2d 910, 2000 Fla. App. LEXIS 10915, 2000 WL 1206372

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799909

Published

of sixteen, Green was charged, pursuant to section 800.04(3)1 with committing an act defined *912as sexual

Blackburn v. State

762 So. 2d 989, 2000 Fla. App. LEXIS 7806, 2000 WL 799369

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 64798832

Published

lascivious assault upon a child under 16 years of age. § 800.04(1), Fla. Stat. (1997). We affirm the conviction

State v. Stalvey

795 So. 2d 968, 2000 Fla. App. LEXIS 4226, 2000 WL 370269

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64808992

Published

with a fourteen year-old boy in violation of section 800.04(4), Florida Statutes (1997). *969The state

Washington v. State

766 So. 2d 325, 2000 Fla. App. LEXIS 3992, 2000 WL 347093

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 64800132

Published

child under the age of sixteen in violation of section 800.04(1), Florida Statutes (1997). He contends that

Fella v. State

754 So. 2d 165, 2000 Fla. App. LEXIS 3756, 2000 WL 332617

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 64796156

Published

AFFIRMED. COBB and PETERSON, JJ., concur. . § 800.04(1), Fla. Stat. (1995). . § 794.01 l(2)(a), Fla

Smith v. State

790 So. 2d 436, 2000 Fla. App. LEXIS 2930, 2000 WL 282514

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 64807079

Published

child under 16 years of age, a violation of section 800.04(3), Florida Statutes (1997), and his sentence

Folk v. State

753 So. 2d 675, 2000 Fla. App. LEXIS 2601, 2000 WL 263137

District Court of Appeal of Florida | Filed: Mar 10, 2000 | Docket: 64795946

Published

incorrect statute for count II, which should be section 800.04(1). Accordingly, we reverse Folk’s conviction

STATE, DEPT. OF CORRECTIONS v. Coleman

766 So. 2d 285, 2000 Fla. App. LEXIS 1357, 2000 WL 172470

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1330208

Published

Respondent was convicted of several violations of section 800.04 and sentenced to community control and subsequent

King v. State

751 So. 2d 691, 2000 Fla. App. LEXIS 712, 2000 WL 85307

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 64795198

Published

in the presence of a child, a violation of section 800.04(4), Florida Statutes (1997). We reverse the

Lowman v. Moore

744 So. 2d 1210, 1999 Fla. App. LEXIS 14803, 1999 WL 1015290

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 64792235

Published

child under the age of sixteen, a violation of section 800.04(1), Florida Statutes (1995). Lowman asserts

Abbate v. State

745 So. 2d 409, 1999 Fla. App. LEXIS 14215, 1999 WL 974123

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64792397

Published

violations under subsection (1), (3) and (4) of section 800.04 but that the trial judge instructed on—and

Hartline v. State

743 So. 2d 90, 1999 Fla. App. LEXIS 12107, 1999 WL 729058

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64791652

Published

Since he was charged and convicted pursuant to section 800.04(3), he argues, the court should not have reclassified

Morra v. State

742 So. 2d 815, 1999 Fla. App. LEXIS 10900, 1999 WL 606458

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 64791498

Published

concur. . See § 794.01 l(8)(b), Fla. Stat. . See § 800.04(4), Fla. Stal.

S.B. v. State

745 So. 2d 346, 1999 Fla. App. LEXIS 10588, 1999 WL 577004

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 64792378

Published

prosecuted for violating the provisions of section 800.04(4), Florida Statutes. There, fifteen-year-old

Carroll v. State

740 So. 2d 81, 1999 Fla. App. LEXIS 9274, 1999 WL 492928

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 64790578

Published

child under the age of sixteen, in violation of section 800.04, Florida Statutes (1993). That offense is a

Stephenson v. State

737 So. 2d 1154, 1999 Fla. App. LEXIS 8534, 1999 WL 420369

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 64789639

Published

and ANTOON, J., concur. . § 800.04(4), Fla. Stat. (1993). . § 800.04(1), Fla. Stat. (1993). . Fla

Harding v. State

736 So. 2d 1230, 1999 Fla. App. LEXIS 8123, 1999 WL 397132

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 64789377

Published

counts of lewd sexual battery in violation of section 800.04(3), Florida Statutes (1995). While we affirm

Horn v. State

736 So. 2d 728, 1999 Fla. App. LEXIS 7856, 1999 WL 391497

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64789220

Published

. See § 794.011, Fla. Stat. (1995). . See § 800.04, Fla. Stat. (1995).

Horn v. State

736 So. 2d 728, 1999 Fla. App. LEXIS 7856, 1999 WL 391497

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64789220

Published

. See § 794.011, Fla. Stat. (1995). . See § 800.04, Fla. Stat. (1995).

Duer v. State

733 So. 2d 1084, 1999 Fla. App. LEXIS 5808, 1999 WL 280442

District Court of Appeal of Florida | Filed: May 7, 1999 | Docket: 64788468

Published

AFFIRMED. THOMPSON and ANTOON, JJ., concur. . § 800.04(3), (4), Fla. Stat. (1993), (1995). . § 827

Beck v. State

732 So. 2d 427, 1999 Fla. App. LEXIS 5518, 24 Fla. L. Weekly Fed. D 1063

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788174

Published

nonexistent crime is fundamental error. Under section 800.04, Florida Statutes (1997), “one cannot be convicted

Foraker v. State

731 So. 2d 110, 1999 Fla. App. LEXIS 4893, 1999 WL 218703

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787823

Published

AFFIRMED. THOMPSON and ANTOON, JJ., concur. . § 800.04, Fla. Stat. . Williams v. State, 110 So.2d 654

Fayne v. State

740 So. 2d 31, 1999 Fla. App. LEXIS 3835, 1999 WL 163001

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64790558

Published

the age of 16 years. § 794.011, Fla. Stat., and § 800.04, Fla. Stat. Fayne made no objection at sentencing

Hausen v. State

730 So. 2d 327, 1999 Fla. App. LEXIS 2201, 1999 WL 94915

District Court of Appeal of Florida | Filed: Feb 26, 1999 | Docket: 64787496

Published

three) lewd act on a child in violation of section 800.04(3) and (count four) kidnaping with intent to

Gregg v. State

724 So. 2d 158, 1998 Fla. App. LEXIS 15962, 1998 WL 879089

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64785466

Published

lewd act upon a child. The information tracks section 800.04(1), Florida Statutes, and states that Gregg

Baker v. State

723 So. 2d 338, 1998 Fla. App. LEXIS 15634, 1998 WL 852509

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64785093

Published

under which Baker was charged on that count was section 800.04(3). Under this crime, it is the age of the

Baker v. State

723 So. 2d 338, 1998 Fla. App. LEXIS 15634, 1998 WL 852509

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64785093

Published

under which Baker was charged on that count was section 800.04(3). Under this crime, it is the age of the

Isom v. State

722 So. 2d 237, 1998 WL 830660

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1241870

Published

the victim to masturbate him, in violation of section 800.04(2). The state then filed its motion for defendant

Simmons v. State

722 So. 2d 862, 1998 Fla. App. LEXIS 14778, 1998 WL 821761

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 64784982

Published

the commission of a sexual act on one child (section 800.04(3), Florida Statutes) cannot constitute the

Bloodworth v. State

719 So. 2d 383, 1998 Fla. App. LEXIS 13504, 1998 WL 736289

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 64783611

Published

period of incarceration is fifteen years. See § 800.04(4), Pla.Stat. (1995). The trial court imposed

Jones v. State

718 So. 2d 1286, 1998 Fla. App. LEXIS 13164, 1998 WL 727306

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 64783472

Published

Resentencing. GRIFFIN, C.J., and DAUKSCH, J., concur. . § 800.04(1), Fla. Stat. . § 784.021(l)(a), Fla. Stat

Davis v. State

720 So. 2d 1107, 1998 Fla. App. LEXIS 12843, 1998 WL 712782

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64784365

Published

assault count, a violation of Florida Statute § 800.04(1) (1997), exceeds the statutory maximum of fifteen

State v. Ridgway

718 So. 2d 318, 1998 Fla. App. LEXIS 11609, 1998 WL 615408

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 64783185

Published

information not involved in this appeal. . See § 800.04(1), Fla. Stat. (1995). . See § 827.071(5), Fla

Fields v. State

717 So. 2d 154, 1998 Fla. App. LEXIS 11532, 1998 WL 601148

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64782667

Published

REMANDED. GRIFFIN, C.J., and DAUKSCH, JJ„ concur. . § 800.04(1), Fla. Stat. (1993).

Aranjo v. State

718 So. 2d 266, 1998 Fla. App. LEXIS 11286, 1998 WL 559616

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64783173

Published

lascivious assault upon a child, in violation of section 800.04(1), over a three-year time span (1990 through

Ross v. State

717 So. 2d 110, 1998 Fla. App. LEXIS 11007, 1998 WL 543269

District Court of Appeal of Florida | Filed: Aug 28, 1998 | Docket: 64782620

Published

Crim. P. 3.850. . U.S. Const, amend VI. . § 800.04(2), Fla. Stat. (1991).

Hopkins v. State

711 So. 2d 603, 1998 Fla. App. LEXIS 5218, 1998 WL 233498

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 64781142

Published

lascivious act upon a child in violation of section 800.04, Florida Statutes. This offense is a second

Turner v. State

710 So. 2d 688, 1998 Fla. App. LEXIS 4754, 1998 WL 204797

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64780858

Published

committing the crime of sexual battery, under section 800.04, Fla. Stat. Because of the language used in

Duer v. State

701 So. 2d 1273, 1997 Fla. App. LEXIS 13964, 1997 WL 762006

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777051

Published

REMANDED. DAUKSCH and HARRIS, JJ., concur. . § 800.04, Fla. Slat. (1995). . § 827.04, Fla. Stat. (1995)

Horton v. State

700 So. 2d 376, 22 Fla. L. Weekly Supp. 630, 1997 Fla. LEXIS 1521, 1997 WL 619662

Supreme Court of Florida | Filed: Oct 9, 1997 | Docket: 64776157

Published

to a lewd and lascivious act in violation of section 800.04, Florida Statutes (1985). At the sentencing

Riggsby v. State

696 So. 2d 1337, 1997 Fla. App. LEXIS 8384, 1997 WL 408750

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775080

Published

fondling a child under sixteen, pursuant to section 800.04(1), Florida Statutes (1993). The jury found

Boatwright v. State

696 So. 2d 546, 1997 Fla. App. LEXIS 8192, 1997 WL 395240

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 64774773

Published

of lewd and lascivious act in violation of section 800.04, Florida Statutes (1993). The court sentenced

Scott v. State

691 So. 2d 30, 1997 Fla. App. LEXIS 3127, 1997 WL 149195

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 64772257

Published

for a lewd and lascivious act in violation of section 800.04, Florida Statutes (1993). This court originally

Kearney v. State

689 So. 2d 1310, 1997 WL 136403

District Court of Appeal of Florida | Filed: Mar 27, 1997 | Docket: 1477135

Published

PETERSON, C.J., and ANTOON, J., concur. NOTES [1] § 800.04(1), Fla.Stat. (1993).

Roberts v. State

687 So. 2d 959, 1997 Fla. App. LEXIS 1009, 1997 WL 63668

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64771096

Published

paragraph (1)00 • • • can also be convicted under section 800.04(3), Florida Statutes (1995): 800.04 Lewd, lascivious

Bruce v. State

687 So. 2d 1322, 1997 Fla. App. LEXIS 239, 1997 WL 24237

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 64771152

Published

J., concur. . § 831.02, Fla.Stat. (1993). . § 800.04(3), Fla.Stat. (1993).

Williamson v. State

687 So. 2d 850, 1997 Fla. App. LEXIS 11, 1997 WL 1824

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64771054

Published

794.011(2), 794.011(1), Fla. Stat. (1995). . § 800.04(3), Fla. Stat. (1995).

State v. A.R.S.

684 So. 2d 1383, 1996 Fla. App. LEXIS 13159

District Court of Appeal of Florida | Filed: Dec 19, 1996 | Docket: 64769871

Published

recognized in the context of a prosecution under section 800.04, Florida Statutes. See State v. Raleigh, 686

State v. J.C.H.

680 So. 2d 606, 1996 Fla. App. LEXIS 10290, 1996 WL 556585

District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 64767909

Published

defendant had been charged with a violation of section 800.04, Florida Statutes. On this ground the state

Patel v. State

679 So. 2d 850, 1996 Fla. App. LEXIS 9726, 1996 WL 523182

District Court of Appeal of Florida | Filed: Sep 17, 1996 | Docket: 64767461

Published

child younger than age 16, in violation of section 800.04(2), Florida Statutes (1989); and one count

State v. Stone

677 So. 2d 982, 1996 Fla. App. LEXIS 8300, 1996 WL 446697

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 64766500

Published

of lewd and lascivious assault upon a child, section 800.04(1), Florida Statutes. There were two victims

Meyers v. State

676 So. 2d 57, 1996 Fla. App. LEXIS 7158, 1996 WL 372235

District Court of Appeal of Florida | Filed: Jul 5, 1996 | Docket: 64765999

Published

J., and DAUKSCH and THOMPSON, JJ., concur. . § 800.04(1), Fla. Stat. (1993).

J.M. v. State

677 So. 2d 890, 1996 Fla. App. LEXIS 6691

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64766469

Published

upon a person under the age of 16 pursuant to section 800.04, Florida Statutes (1993). HRS prepared a predisposition

Ramirez v. State

675 So. 2d 653, 1996 Fla. App. LEXIS 6171, 1996 WL 313082

District Court of Appeal of Florida | Filed: Jun 12, 1996 | Docket: 64765444

Published

and lascivious act on a child in violation of section 800.04, Florida Statutes (1993). He was placed on

Vitagliano v. State

680 So. 2d 500, 1996 WL 191048

District Court of Appeal of Florida | Filed: Apr 28, 1996 | Docket: 64767860

Published

Similarly, this court has stated that “[u]nder section 800.04(3), one cannot be convicted of a lewd and lascivious

D.D.M. v. State

662 So. 2d 384, 1995 Fla. App. LEXIS 11572

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64759926

Published

concur. . § 794.011(2), Fla.Stat. (1993). . § 800.04(1), Fla.Stat. (1993). .§ 777.04, 794.011(2)

McDonald v. State

661 So. 2d 87, 1995 Fla. App. LEXIS 8878, 1995 WL 497197

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64759160

Published

of nolo contendere to a charged violation of section 800.04, Florida Statutes (1991). The arguments the

Boyd v. State

658 So. 2d 1115, 1995 Fla. App. LEXIS 8033, 1995 WL 437245

District Court of Appeal of Florida | Filed: Jul 26, 1995 | Docket: 64758127

Published

lascivious acts upon a child in violation of section 800.04, Florida Statutes (1987), and signed a negotiated

State v. Robinette

652 So. 2d 926, 1995 Fla. App. LEXIS 3255, 1995 WL 133354

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755230

Published

Sorakrai, 543 So.2d 294 (Fla. 2d DCA 1989) (section 800.04(2) is a strict liability offense). We, therefore

Petersen v. State

650 So. 2d 223, 1995 Fla. App. LEXIS 1574, 1995 WL 63060

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 64754198

Published

issue. Petersen was charged with violating section 800.04(2)5, specifically that he “actually and knowingly

Marcott v. State

650 So. 2d 977, 20 Fla. L. Weekly Supp. 71, 1995 Fla. LEXIS 225, 1995 WL 60808

Supreme Court of Florida | Filed: Feb 16, 1995 | Docket: 64754428

Published

presence of a child and a lewd act upon a child. See § 800.04, Fla.Stat. (1991).1 Thus, the rule announced in

Casado v. State

648 So. 2d 714, 20 Fla. L. Weekly Supp. 33, 1995 Fla. LEXIS 14, 1995 WL 8968

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 64753423

Published

specifically upheld the constitutionality of section 800.04, applies equally to section 794.041. GRIMES

Green v. State

667 So. 2d 789, 1995 Fla. App. LEXIS 28, 1995 WL 1525

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64762178

Published

indecent assault upon a child, in violation of section 800.04, Florida Statutes, and sexual battery by slight

State v. Fox

647 So. 2d 1051, 1994 Fla. App. LEXIS 12457, 1994 WL 708174

District Court of Appeal of Florida | Filed: Dec 22, 1994 | Docket: 64753072

Published

Bradwell, the defendant was charged with violating section 800.04(2), Florida Statutes, a second degree felony

Dautel v. State

647 So. 2d 236, 1994 Fla. App. LEXIS 11104, 1994 WL 637296

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64752915

Published

lascivious act upon a child. § 800.04, Florida Statutes (1991). Section 800.04, Florida Statutes (1991),

Hill v. State

643 So. 2d 653, 1994 Fla. App. LEXIS 9483, 1994 WL 534774

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 64751422

Published

Violations of § 784.03, Fla.Stat. (1991), and § 800.04(3), Fla.Stat. (1991). . It is unclear whether

Kline v. State

642 So. 2d 1146, 1994 Fla. App. LEXIS 9054, 1994 WL 513552

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 64751028

Published

assault on a minor is a second degree felony. § 800.04, Fla.Stat. (1989). The maximum sentence authorized

Patterson v. State

641 So. 2d 456, 1994 Fla. App. LEXIS 7994, 1994 WL 419595

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750396

Published

concur. . § 794.011(2), Fla.Stat. (1989). . § 800.04(1), Fla.Stat. (1989).

Everette v. State

640 So. 2d 119, 1994 Fla. App. LEXIS 7193, 1994 WL 382104

District Court of Appeal of Florida | Filed: Jul 22, 1994 | Docket: 64749892

Published

We reject his constitutional challenge to section 800.04(3), Florida Statutes (1991), pursuant to Jones

Chapman v. State

639 So. 2d 682, 1994 Fla. App. LEXIS 6643, 1994 WL 321596

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749642

Published

we point out that the constitutionality of section 800.04, prohibiting a consent defense, has been decided

Chapman v. State

639 So. 2d 682, 1994 Fla. App. LEXIS 6643, 1994 WL 321596

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749642

Published

we point out that the constitutionality of section 800.04, prohibiting a consent defense, has been decided

Conyers v. State

638 So. 2d 1055, 1994 WL 278155

District Court of Appeal of Florida | Filed: Jun 24, 1994 | Docket: 1169107

Published

child under the age of sixteen, a violation of section 800.04(2), Florida Statutes (1991). Conyers filed

Durant v. State

647 So. 2d 163, 1994 Fla. App. LEXIS 5662, 1994 WL 248047

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 64752882

Published

of committing a lewd or lascivious act under section 800.04(4), Florida Statutes (1991). After a bench

Jory v. State

647 So. 2d 152, 1994 WL 236385

District Court of Appeal of Florida | Filed: Jun 3, 1994 | Docket: 1524752

Published

would have been acquitted *154 of violating section 800.04 had the jury believed the victim's testimony

State v. B.B.

637 So. 2d 936, 1994 Fla. App. LEXIS 4315

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 64748843

Published

regard to section 800.04, Florida Statutes (1991). The Jones court held that section 800.04, which prohibits

Kopko v. State

638 So. 2d 529, 1994 Fla. App. LEXIS 3913, 19 Fla. L. Weekly Fed. D 967

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64749188

Published

1991), quashed, 596 So.2d 669 (Fla.1992). . § 800.04, Fla.Stat. (Supp.1986). .§ 794.011(2), Fla.Stat

Casado v. State

634 So. 2d 830, 1994 Fla. App. LEXIS 3713, 1994 WL 140726

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 64747451

Published

previously upheld the constitutionality of section 800.04. Jones v. State, 619 So.2d 418 (Fla. 5th DCA)

Johnson v. State

634 So. 2d 830, 1994 Fla. App. LEXIS 3715, 1994 WL 140736

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 64747452

Published

previously upheld the constitutionality of section 800.04. We again certify to the Florida Supreme Court

Mello v. State

633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 64746810

Published

2 With regard to Mello’s convictions under section 800.04, we certify to the Florida Supreme Court the

Garcia v. State

633 So. 2d 518, 1994 WL 68835

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 1296819

Published

appeals from a conviction for violation of section 800.04(3) (statutory rape) arising out of his consensual

Farrington v. State

626 So. 2d 1123, 1993 Fla. App. LEXIS 12004, 1993 WL 495981

District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 64744126

Published

under the age of sixteen years in violation of section 800.04(3), Florida Statutes (1991); however, we certify

Seitz v. State

626 So. 2d 1124, 1993 Fla. App. LEXIS 12013, 1993 WL 495985

District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 64744128

Published

privacy renders unconstitutional that portion of section 800.-04, Florida Statutes which provides that consent

Bordo, Inc. v. State

627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

place." This violation is also a misdemeanor. Section 800.04 forbids certain conduct upon or in the presence

Haas v. State

625 So. 2d 103, 1993 Fla. App. LEXIS 10319, 1993 WL 405179

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743308

Published

convicted of attempting a sexual battery. . § 800.04, Fla.Stat. (1987).

Reynolds v. State

622 So. 2d 1139, 1993 Fla. App. LEXIS 8439, 1993 WL 309053

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64698254

Published

under the age of sixteen years, pursuant to section 800.-04(1), Florida Statutes (1991). We reverse in

Reynolds v. State

622 So. 2d 1139, 1993 Fla. App. LEXIS 8439, 1993 WL 309053

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64698254

Published

under the age of sixteen years, pursuant to section 800.-04(1), Florida Statutes (1991). We reverse in

Roberts v. State

620 So. 2d 1082, 1993 Fla. App. LEXIS 6744, 18 Fla. L. Weekly Fed. D 1502

District Court of Appeal of Florida | Filed: Jun 25, 1993 | Docket: 64697457

Published

child under sixteen years of age pursuant to section 800.04(4), Florida Statutes (Supp. 1990). These four

Department of Health & Rehabilitative Services v. Smith

618 So. 2d 379, 1993 Fla. App. LEXIS 5841, 1993 WL 177768

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696286

Published

interviews that a victim of a violation of § 794.011, § 800.-04, § 827.03, or § 827.04 who is under 16 years of

Lewine v. State

619 So. 2d 334, 1993 Fla. App. LEXIS 5348, 1993 WL 153763

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 64696587

Published

in the presence of a child in violation of section 800.04, Florida Statutes (1991). Pursuant to Faretta

Eck v. State

617 So. 2d 470, 1993 Fla. App. LEXIS 5421, 1993 WL 142724

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 64695816

Published

Judge. We affirm appellant’s conviction under section 800.04, Florida Statutes (1989), and the sentence

Williams v. Castor

613 So. 2d 97, 1993 Fla. App. LEXIS 1222, 1993 WL 12405

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693883

Published

in the presence of a child in violation of section 800.04(3), Florida Statutes, a second degree felony

Cash v. State

609 So. 2d 1356, 1992 Fla. App. LEXIS 12521, 1992 WL 365472

District Court of Appeal of Florida | Filed: Dec 14, 1992 | Docket: 64692706

Published

prosecuted for lewd and lascivious conduct under section 800.04, Florida Statutes, a felony then punishable

Ribas v. State

606 So. 2d 1278, 1992 Fla. App. LEXIS 11371, 1992 WL 317848

District Court of Appeal of Florida | Filed: Nov 6, 1992 | Docket: 64670936

Published

lascivious assault upon a child in violation of section 800.04, Florida Statutes (1987). We find no error

Carter v. State

606 So. 2d 675, 1992 Fla. App. LEXIS 10012, 1992 WL 235358

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 64670847

Published

child under 16 years of age in violation of section 800.04. Specifically, Count I of the information alleged

Angle v. State

604 So. 2d 34, 1992 Fla. App. LEXIS 9259, 1992 WL 206365

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 64669433

Published

children under the age of sixteen, in violation of section 800.04, Florida Statutes. From November 1989 until

Sutherland v. State

601 So. 2d 1333, 1992 Fla. App. LEXIS 7450, 1992 WL 157488

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64668804

Published

under the age of sixteen years pursuant to section 800.04(1), Florida Statutes (1985). Sutherland entered

Jones v. State

597 So. 2d 425, 1992 Fla. App. LEXIS 4511, 1992 WL 80992

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 64666782

Published

regarding Jones’ constitutional challenge to section 800.04, Florida Statutes (1985). See State v. Phillips

Jory v. State

596 So. 2d 1126, 1992 Fla. App. LEXIS 2284, 1992 WL 45046

District Court of Appeal of Florida | Filed: Mar 13, 1992 | Docket: 64666608

Published

GOSHORN, C.J., and COBB and GRIFFIN, JJ., concur. . § 800.04(2), Fla.Stat. (1989). . § 827.071(3), Fla.Stat

Trimble v. State

591 So. 2d 663, 1991 Fla. App. LEXIS 12764, 1991 WL 272635

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 64664299

Published

upon a child under the age of 16, condemned by section 800.04(3), Florida Statutes (1985). Because the foregoing

State v. Theriault

590 So. 2d 992

District Court of Appeal of Florida | Filed: Dec 5, 1991 | Docket: 64663934

Published

and REMANDED. COBB and GRIFFIN, JJ., concur. . § 800.04(1), Fla.Stat. (1985). . § 794.011(2), Fla.Stat

Rubin v. State

578 So. 2d 331, 1991 Fla. App. LEXIS 2917, 1991 WL 45196

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 64658234

Published

of a child under the age of sixteen years. See § 800.04(3), Fla.Stat. (1989). We conclude, contrary to

Brinson v. State

574 So. 2d 298, 1991 Fla. App. LEXIS 1034, 1991 WL 16309

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 64656341

Published

800.04. ****** is guilty of a life felony.... Section 800.04(3), Florida Statutes, provides: (3) Knowingly

Stidham v. State

567 So. 2d 14, 1990 Fla. App. LEXIS 6583, 1990 WL 126172

District Court of Appeal of Florida | Filed: Aug 31, 1990 | Docket: 64653147

Published

assault on a child under sixteen in violation of section 800.04, Florida Statutes (1985). Counts I and II were

Constantine v. State

566 So. 2d 321, 1990 Fla. App. LEXIS 6267, 1990 WL 118957

District Court of Appeal of Florida | Filed: Aug 17, 1990 | Docket: 64652710

Published

counts of lewd assault, a second degree felony. § 800.04, Fla.Stat. (1981). Ordinarily, the statute of

Haggerty v. State

566 So. 2d 825, 1990 Fla. App. LEXIS 6360, 1990 WL 121405

District Court of Appeal of Florida | Filed: Aug 16, 1990 | Docket: 64652928

Published

indecent manner, to wit, ... in violation of section 800.-04, Florida Statutes.” Count 32 charged that the

Harris v. State

566 So. 2d 823, 1990 Fla. App. LEXIS 6210, 1990 WL 117266

District Court of Appeal of Florida | Filed: Aug 16, 1990 | Docket: 64652927

Published

likewise invalid. Lewd assault on a child (section 800.04, *825Florida Statutes) now includes any act

B.E. v. State

564 So. 2d 566, 1990 Fla. App. LEXIS 5194, 1990 WL 98582

District Court of Appeal of Florida | Filed: Jul 17, 1990 | Docket: 64651859

Published

lascivious act upon a three-year-old girl. See § 800.04, Fla.Stat. (1989). We reverse because the trial

Laster v. State

564 So. 2d 536, 1990 Fla. App. LEXIS 4729, 1990 WL 91862

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 64651847

Published

and lewd and lascivious assault upon a child, section 800.04, Florida Statutes (1985). In September of 1985

Carter v. State

561 So. 2d 1285, 1990 Fla. App. LEXIS 3716, 1990 WL 68669

District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 64650825

Published

State v. Whitfield, 487 So.2d 1045 (Fla.1986). . § 800.04, Fla.Stat. (1983). . §§ 777.04(1) and 794.011

State v. Gibson

557 So. 2d 929, 1990 Fla. App. LEXIS 1418, 1990 WL 20394

District Court of Appeal of Florida | Filed: Mar 8, 1990 | Docket: 64648661

Published

ORDER and REMAND. COBB and HARRIS, JJ., concur. . § 800.04(3), Fla.Stat. (1987).

City of Edgewood v. Williams

556 So. 2d 1390, 15 Fla. L. Weekly Supp. 46, 1990 Fla. LEXIS 202, 1990 WL 8227

Supreme Court of Florida | Filed: Feb 1, 1990 | Docket: 95001

Published

fondled the victim's breast in violation of section 800.04 of the Florida Statutes (1985). The city of

Beene v. State

556 So. 2d 765, 1990 Fla. App. LEXIS 590, 1990 WL 7625

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 64648054

Published

under the age of sixteen (16), contrary to Section 800.04(1), Florida Statutes (1987), and five counts

State v. Frinks

555 So. 2d 916, 1990 Fla. App. LEXIS 164, 1990 WL 2067

District Court of Appeal of Florida | Filed: Jan 12, 1990 | Docket: 64647584

Published

child under the age of sixteen, in violation of section 800.04, Florida Statutes. Defendant was placed on

Brady v. State

553 So. 2d 316, 14 Fla. L. Weekly 2771, 1989 Fla. App. LEXIS 6713, 1989 WL 145750

District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 64646802

Published

child under the age of sixteen, contrary to section 800.04(3), Florida Statutes (1987). Specifically,

Nash v. State

552 So. 2d 1195, 14 Fla. L. Weekly 2755, 1989 Fla. App. LEXIS 6689, 1989 WL 143450

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 64646624

Published

QUASHED; REMANDED. COBB and GOSHORN, JJ., concur. . § 800.04, Fla.Stat. (1987). . § 794.011(2), Fla.Stat

Haines v. State

552 So. 2d 320, 14 Fla. L. Weekly 2694, 1989 Fla. App. LEXIS 6705, 1989 WL 139117

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 64646359

Published

in the presence of a child, in violation of section 800.04, Florida Statutes (1987), a second degree felony

Wilson v. State

548 So. 2d 874, 14 Fla. L. Weekly 2172, 1989 Fla. App. LEXIS 5130, 1989 WL 106763

District Court of Appeal of Florida | Filed: Sep 13, 1989 | Docket: 64644849

Published

children from that harm is the very purpose for section 800.04, Florida Statutes, which prohibits lewd acts

Boudreau v. State

546 So. 2d 1152, 14 Fla. L. Weekly 1785, 1989 Fla. App. LEXIS 4273, 1989 WL 84309

District Court of Appeal of Florida | Filed: Jul 26, 1989 | Docket: 64643935

Published

J., and DANAHY and SCHOONOVER, JJ., concur. . § 800.04, Fla.Stat. (1987). . See § 39.04(2)(e)4, Fla

Cook v. State

548 So. 2d 257, 14 Fla. L. Weekly 1722, 1989 Fla. App. LEXIS 4091, 1989 WL 78867

District Court of Appeal of Florida | Filed: Jul 20, 1989 | Docket: 64644624

Published

presence of a child under the age of sixteen. Section 800.-04(3), Fla.Stat. (1987). The jury convicted him

Foister v. State

536 So. 2d 1130, 14 Fla. L. Weekly 40, 1988 Fla. App. LEXIS 5751, 1988 WL 138513

District Court of Appeal of Florida | Filed: Dec 22, 1988 | Docket: 64639625

Published

nolo contendere to two separate violations of § 800.04, Florida Statutes, a second degree felony punishable

G.M. v. State

530 So. 2d 461, 13 Fla. L. Weekly 2054, 1988 Fla. App. LEXIS 3884, 1988 WL 89709

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636718

Published

five year old child. This charge is under section 800.-04(1), Florida Statutes. The charging document

Jennings v. State

528 So. 2d 1289, 13 Fla. L. Weekly 1781, 1988 Fla. App. LEXIS 3401, 1988 WL 76417

District Court of Appeal of Florida | Filed: Jul 28, 1988 | Docket: 64636220

Published

sexual battery (counts 1 and 2) in violation of section 800.04(2), Florida Statutes (1985) and attempted sexual

Paquette v. State

528 So. 2d 995, 13 Fla. L. Weekly 1785, 1988 Fla. App. LEXIS 3422, 1988 WL 76415

District Court of Appeal of Florida | Filed: Jul 28, 1988 | Docket: 64636153

Published

his eight and ten year old natural daughters (section 800.04(1), Florida Statutes) after a jury trial in

Helms v. State

522 So. 2d 519, 13 Fla. L. Weekly 792, 1988 Fla. App. LEXIS 1163, 1988 WL 24163

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 64633685

Published

the age of fourteen years” in violation of section 800.04, Florida Statutes (1981). At a subsequent violation

Hepburn v. State

520 So. 2d 322, 13 Fla. L. Weekly 557, 1988 Fla. App. LEXIS 744, 1988 WL 15455

District Court of Appeal of Florida | Filed: Mar 1, 1988 | Docket: 64632757

Published

lascivious act upon a child in violation of section 800.04, Florida Statutes (Supp.1984). Under the statute

Harper v. State

521 So. 2d 163, 13 Fla. L. Weekly 323, 1988 Fla. App. LEXIS 360, 1988 WL 6592

District Court of Appeal of Florida | Filed: Feb 4, 1988 | Docket: 64633125

Published

counts of lewd and lascivious assault under section 800.04(1), Florida Statutes, are affirmed. However

O'Reilly v. State

516 So. 2d 106, 12 Fla. L. Weekly 2781, 1987 Fla. App. LEXIS 11468, 1987 WL 2280

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 64631241

Published

PER CURIAM. Convicted of a violation of section 800.-04(1), Florida Statutes (1985), appellant challenges

Bee v. State

516 So. 2d 61, 12 Fla. L. Weekly 2819, 1987 Fla. App. LEXIS 11305, 1987 WL 2121

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631205

Published

of a child, a felony *62of the second degree. § 800.04, Fla.Stat. (1985). The affidavit charging her

Karchesky v. State

509 So. 2d 403, 12 Fla. L. Weekly 1657, 1987 Fla. App. LEXIS 9149

District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 64628231

Published

intercourse with an unmarried person under eighteen), section 800.04(2), Florida Statutes (1985) (commission of

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY, F.S. 800.-04; (8) A. .. new instruction: CONTRABAND IN COUNTY

J.E.J. v. State

505 So. 2d 516, 12 Fla. L. Weekly 885, 1987 Fla. App. LEXIS 6845

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 64626404

Published

appellant’s conviction and reject his contention that section 800.04, Florida Statutes (1985), is unconstitutionally

Turner v. State

510 So. 2d 920, 12 Fla. L. Weekly 809, 1987 Fla. App. LEXIS 7321

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 64628701

Published

fifteen year old daughter, in violation of section 800.04, Florida Statutes. We affirm. The guidelines

State v. Martin

502 So. 2d 1371, 1987 Fla. App. LEXIS 7011, 12 Fla. L. Weekly 650

District Court of Appeal of Florida | Filed: Feb 27, 1987 | Docket: 64625287

Published

act, a second degree felony, in violation of section 800.04, Florida Statutes (1985). Under the guidelines

Rozar v. State

500 So. 2d 659, 12 Fla. L. Weekly 153, 1986 Fla. App. LEXIS 11176

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 64624267

Published

was convicted of three counts of violating section 800.04, Florida Statutes (1985), which prohibits a

Powell v. State

495 So. 2d 828, 11 Fla. L. Weekly 2104, 1986 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 64622204

Published

. § 787.01(l)(a), Fla.Stat. (Supp.1984). . § 800.04, Fla.Stat. (Supp.1984). . § 787.03, Fla.Stat

Jaggers v. State

492 So. 2d 418, 11 Fla. L. Weekly 1501, 1986 Fla. App. LEXIS 8751

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 64620953

Published

upon a twelve year old girl in violation of Section 800.04, Florida Statutes (1981), and sentenced to

Bradwell v. McClure

488 So. 2d 566, 11 Fla. L. Weekly 978, 1986 Fla. App. LEXIS 9014

District Court of Appeal of Florida | Filed: Apr 25, 1986 | Docket: 64619338

Published

charged by information with two violations of section 800.04(2), Florida Statutes, by commission of sexual

Couch v. Turlington

465 So. 2d 557, 23 Educ. L. Rep. 1146, 10 Fla. L. Weekly 610, 1985 Fla. App. LEXIS 12834

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 64610681

Published

upon several male children, in violation of section 800.04, Florida Statutes. On April 21, 1983, upon

Bond v. State

462 So. 2d 882, 10 Fla. L. Weekly 290, 1985 Fla. App. LEXIS 12081

District Court of Appeal of Florida | Filed: Feb 1, 1985 | Docket: 64609559

Published

age of fourteen is a second-degree felony, section 800.04, Florida Statutes (1983), and is punishable

Havis v. State

461 So. 2d 974, 9 Fla. L. Weekly 2600, 1984 Fla. App. LEXIS 16275

District Court of Appeal of Florida | Filed: Dec 14, 1984 | Docket: 64609157

Published

on or in the presence of a child contrary to section 800.04, Florida Statutes, a second degree felony.

Washington v. State

452 So. 2d 82, 1984 Fla. App. LEXIS 13365

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 64605619

Published

persons under the age of fourteen contrary to Section 800.04, Florida Statutes (1981). For the sexual battery

Kalinoski v. State

414 So. 2d 656, 1982 Fla. App. LEXIS 20218

District Court of Appeal of Florida | Filed: Jun 4, 1982 | Docket: 64590298

Published

was charged with and convicted of violating Section 800.04, Florida Statutes, by knowingly committing

S. L. S. v. State

404 So. 2d 1105, 1981 Fla. App. LEXIS 21244

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 64585568

Published

of lewd, lascivious or indecent assault under § 800.04, Florida Statutes (1979), which offense the trial

Bilyou v. State

381 So. 2d 756, 1980 Fla. App. LEXIS 15853

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 64575177

Published

upon a six year old female, a violation of section 800.04, Florida Statutes (1977). Pursuant to a plea

Fields v. State

379 So. 2d 408

District Court of Appeal of Florida | Filed: Jan 29, 1980 | Docket: 1681108

Published

child under the age of fourteen as denounced by Section 800.04, Florida Statutes (1977); and (2) child abuse

Hobbs v. State

371 So. 2d 722, 1979 Fla. App. LEXIS 15263

District Court of Appeal of Florida | Filed: Jun 13, 1979 | Docket: 64570503

Published

upon a child under the age of 14, contrary to Section 800.04, Florida Statutes (1977), and in count two

McCloud v. State

362 So. 2d 413

District Court of Appeal of Florida | Filed: Aug 25, 1978 | Docket: 64565993

Published

the presence of a child under the age of 14. Section 800.04, Florida Statutes (1977). AFFIRMED. SMITH,

Matava v. State

358 So. 2d 1116, 1978 Fla. App. LEXIS 15974

District Court of Appeal of Florida | Filed: May 2, 1978 | Docket: 64564552

Published

sexual battery. This offense is set forth in Section 800.04, Florida Statutes (1975). On this appeal, the

Rice v. State

356 So. 2d 909, 1978 Fla. App. LEXIS 15562

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 64563589

Published

for the offense of lewd assault on a minor, Section 800.04, Florida Statutes (1975). Appellant was sentenced

Florida Bar v. Coe

356 So. 2d 314

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 64563377

Published

information charges respondent with two violations of Section 800.04 Florida Statutes (1975), lewd and lascivious

Donaldson v. State

356 So. 2d 351, 1978 Fla. App. LEXIS 15480

District Court of Appeal of Florida | Filed: Feb 27, 1978 | Docket: 64563390

Published

child under the age of 14 years in violation of F.S. 800.04 as a result of which he was committed for treatment

Dorfman v. State

351 So. 2d 954, 1977 Fla. LEXIS 3980

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 64561198

Published

pursuant to Art. V, § 3(b)(3), Fla.Const. . § 800.04, Fla.Stat. (1969). Since the general revision

Prangler v. State

339 So. 2d 1158, 1976 Fla. App. LEXIS 15798

District Court of Appeal of Florida | Filed: Dec 10, 1976 | Docket: 64556140

Published

indecent assault upon a child in violation of Section 800.04, Florida Statutes. The trial court deferred

Dorfman v. State

333 So. 2d 481, 1976 Fla. App. LEXIS 15148

District Court of Appeal of Florida | Filed: May 25, 1976 | Docket: 64554095

Published

assault on female minors in violation of Fla.Stat. § 800.04. Each violation was punishable by imprisonment

Gable v. State

290 So. 2d 561

District Court of Appeal of Florida | Filed: Feb 13, 1974 | Docket: 64537402

Published

was charged with child molesting pursuant to Section 800.04, Florida Statutes, F.S.A. A plea of nolo contendere

Wolf v. State

282 So. 2d 668

District Court of Appeal of Florida | Filed: Sep 14, 1973 | Docket: 1235215

Published

lascivious manner in violation of Florida Statutes, Section 800.04, F.S.A. At the arraignment hearing, with advice

Davis v. State

278 So. 2d 315, 1973 Fla. App. LEXIS 8054

District Court of Appeal of Florida | Filed: May 29, 1973 | Docket: 64532485

Published

upon or in the presence of a child (Fla.Stat., § 800.04, F.S.A.) and the offense of unnatural and lascivious

Hopkins v. State

275 So. 2d 597, 1973 Fla. App. LEXIS 7107

District Court of Appeal of Florida | Filed: Apr 4, 1973 | Docket: 64531363

Published

in the presence of a child in violation of Section 800.04, Florida Statutes, F. S.A. Appellant entered

D. R. W. v. State

262 So. 2d 701, 1972 Fla. App. LEXIS 6784

District Court of Appeal of Florida | Filed: May 23, 1972 | Docket: 64526174

Published

lascivious manner in violation of Florida Statutes, § 800.04.” The cited statute provides in part: “Any person

Bass v. State

263 So. 2d 611, 1972 Fla. App. LEXIS 6641

District Court of Appeal of Florida | Filed: May 19, 1972 | Docket: 64526514

Published

LYNN KELLEY, contrary to Florida Statute 800.04 [F.S.A.], . . .” Section 800.04, Florida Statutes 1969

Schroeder v. State

252 So. 2d 270, 1971 Fla. App. LEXIS 5978

District Court of Appeal of Florida | Filed: Aug 6, 1971 | Docket: 64521993

Published

and indecent manner in violation of F.S.1969, section 800.04, F.S.A. A jury found the defendant guilty.

Baines v. State

221 So. 2d 3, 1969 Fla. App. LEXIS 5878

District Court of Appeal of Florida | Filed: Apr 2, 1969 | Docket: 64509159

Published

information charging appellant with the violation of Section 800.04, Florida Statutes, 1967, F.S.A. which provides

Pennington v. State

219 So. 2d 56, 1969 Fla. App. LEXIS 6126

District Court of Appeal of Florida | Filed: Feb 18, 1969 | Docket: 64508485

Published

minor under the age of 14 years in violation of § 800.04, Fla.Stat., F.S.A.1 Judgment of conviction and

Coile v. State

212 So. 2d 94, 1968 Fla. App. LEXIS 5271

District Court of Appeal of Florida | Filed: Jun 18, 1968 | Docket: 64505925

Published

The appellant was charged with a violation of § 800.04, Fla.Stat. (1967), F.S.A., entitled “Lewd, lascivious

Coile v. State

212 So. 2d 94, 1968 Fla. App. LEXIS 5271

District Court of Appeal of Florida | Filed: Jun 18, 1968 | Docket: 64505925

Published

The appellant was charged with a violation of § 800.04, Fla.Stat. (1967), F.S.A., entitled “Lewd, lascivious

Baker v. State

206 So. 2d 441, 1968 Fla. App. LEXIS 6066

District Court of Appeal of Florida | Filed: Jan 31, 1968 | Docket: 64503842

Published

contention is untenable and we affirm. F.S. Section 800.04, F.S.A. provides. “Any person who shall handle

State v. Shedaker

196 So. 2d 202, 1967 Fla. App. LEXIS 5005

District Court of Appeal of Florida | Filed: Mar 14, 1967 | Docket: 64500107

Published

less than fourteen years of age, in violation of § 800.04 Fla.Stat., F.S.A. The appellee moved to quash

Baker v. State

194 So. 2d 687, 1967 Fla. App. LEXIS 5280

District Court of Appeal of Florida | Filed: Jan 25, 1967 | Docket: 64499632

Published

constitutes in effect really only one sentence.” Section 800.04, Florida Statutes, F.S.A., the basis for the

Dunson v. State

194 So. 2d 68, 1967 Fla. App. LEXIS 5233

District Court of Appeal of Florida | Filed: Jan 19, 1967 | Docket: 64499446

Published

and CARROLL, DONALD, K., J., concur. . F.S. § 800.04, F.S.A. “Lewd, lascivious or indecent assault

Boone v. State

163 So. 2d 526, 1964 Fla. App. LEXIS 4210

District Court of Appeal of Florida | Filed: May 1, 1964 | Docket: 60221330

Published

is a felony as defined in Florida Statutes, section 800.04, F.S.A. On the same day he was arraigned, entered

State v. Peacock

163 So. 2d 46, 1964 Fla. App. LEXIS 4706

District Court of Appeal of Florida | Filed: Apr 17, 1964 | Docket: 60221313

Published

children which act was “lewd and lascivious.” Section 800.04 Florida Statutes (1963) F.S.A., provides: “Any

Watkins v. State

77 So. 2d 795

Supreme Court of Florida | Filed: Feb 4, 1955 | Docket: 64486342

Published

without prejudice to prosecution for violation of Section 800.04, Florida Statutes, 1953, F.S.A. It is so ordered

Buford v. State

43 So. 2d 448, 1949 Fla. LEXIS 1067

Supreme Court of Florida | Filed: Dec 20, 1949 | Docket: 3275563

Published

was informed against for the violation of Section 800.04, F.S.A., in the Criminal Court of Record of