Sylvaince v. State
The Sixth DCA held that a conviction for lewd or lascivious molestation under section 800.04(5)(a)-(b), Florida Statutes, requires proof of an actual lewd touching (or forcing/enticing the victim to touch the perpetrator), and that mere enticement to touch without an actual touching is insufficient. Because the evidence showed only that the defendant exposed himself and told the child to come near him—without any touching by either party—the court reversed the judgment of acquittal denial on Count 1 (life felony) while affirming the attempted sexual battery and lewd exhibition convictions.
Key facts
- Sylvaince was convicted in trial court of lewd or lascivious molestation under Florida Statutes section 800.04(5)(a)-(b), along with attempted sexual battery and lewd exhibition charges.
- The evidence showed the defendant exposed himself and told the child to come near him, but no actual touching occurred between the defendant and the child.
- +2 more key facts with a free trial
Why it matters
This decision provides a clear, text-based interpretation of section 800.04(5)(a) that requires an actual touching (by the perpetrator or the victim) to sustain a lewd or lascivious molestation conviction, rejecting the… — full analysis with a trial
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