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January 18 FLW highlights

By Donald Cannarozzi

JURY INSTRUCTIONS ? LEWD AND LASCIVIOUS, SIMPLE BATTERY AS LESSER:  Khianthalat v. State, 33 Fla. L. weekly S44 (Fla. Jan. 18, 2008).  Defendant is charged with L & L and requests simple battery as a permissive lesser included offense.  The problem is ?without the victims consent? is not alleged in the information and there was no testimony that the sexual conduct was not consensual.  Defense argued that ?lack of consent? is presumed in cases involving minor victims; therefore, ?lack of consent? need not be alleged.  The court found that when the child is older than 12, a victim can consent and that the section 800.04(4) is intended to criminalize sexual activity with children twelve years of age or older but less than sixteen years of age even where the activity is consensual...continue to full post

Full post as published by JAABlog on February 07, 2008 (boomark / email).