Flores v. State
The Fourth DCA reversed a sexual battery conviction because the trial court instructed the jury using the 2022 amended definition of 'sexual battery' (female genital penetration) rather than the narrower 'vaginal penetration' definition in effect when the 2019-2020 offenses occurred. Because penetration was a hotly disputed element and the erroneous instruction lowered the State's burden of proof, the court found fundamental error despite the lack of a specific objection at trial, reversing and remanding for a new trial on that count while affirming the companion lewd-and-lascivious-molestation conviction.
Key facts
- Flores was charged with sexual battery and lewd and lascivious molestation based on offenses occurring in 2019-2020.
- At trial, the court instructed the jury using the 2022 amended definition of sexual battery (female genital penetration) rather than the 2019 definition in effect when the crimes occurred (vaginal penetration only).
- +2 more key facts with a free trial
Why it matters
This decision is a useful precedent for defense counsel and prosecutors in sex-crime cases spanning statutory amendments, confirming that retroactive application of an expanded definition (here, the 2022 change from… — full analysis with a trial
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