Cases from cite.case.law:

DE ARAGON II, v. STATE, 273 So. 3d 26 (Fla. App. Ct. 2019)

. . . .]" § 800.04(5)(a), Fla. Stat. (2015). . . . See § 800.04(5)(b), Fla. Stat. . . . (5)(a) and F.S. 800.04(5)(b). . . . the Florida Supreme Court favorably quoted the Second District's discussion: The fact that section 800.04 . . . of consent as a defense and apparent absence of the "against that person's will" element in section 800.04 . . . the clothing covering it, of [victim], a person less than twelve (12) years of age, contrary to F.S. 800.04 . . . (5)(a) and F.S. 800.04(5)(b). . . . covering them, of a person less than 16 years of age ... commits lewd or lascivious molestation." § 800.04 . . . life felony for an adult to touch a child in this manner if the child is less than twelve years old. § 800.04 . . . See Khianthalat II , 974 So.2d at 362 ; § 800.04(2), Fla. Stat. . . .

JACOBS, v. STATE, 272 So. 3d 838 (Fla. App. Ct. 2019)

. . . See Meshell, 2 So.3d at 135 (finding commission of two of the various sex acts proscribed in section 800.04 . . . the two different ways the defendant committed lewd and lascivious battery in violation of section 800.04 . . .

THORNE, v. STATE, 271 So. 3d 177 (Fla. App. Ct. 2019)

. . . under 16 years of age), and with (Count Two) sexual battery (slight force), in violation of sections 800.04 . . . However, the information for Count One alleged that Appellant had violated section 800.04(4) Florida . . . the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04 . . . sexual battery may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04 . . .

HAYES, II, v. STATE, 272 So. 3d 815 (Fla. App. Ct. 2019)

. . . See § 800.04(4)(a), Fla. Stat. (2015). . . .

QUIJANO, v. STATE, 270 So. 3d 549 (Fla. App. Ct. 2019)

. . . See § 800.04(4)(a)(1), Fla. Stat. (2014). . . .

MESEN, a k a v. STATE, 271 So. 3d 164 (Fla. App. Ct. 2019)

. . . section 825.1025(4) is further undermined by a reading of that statute in pari materia with section 800.04 . . . Section 800.04 protects minors and contains a lewd or lascivious exhibition provision nearly identical . . . to the one pertaining to disabled and elderly victims. § 800.04(7). . . . Compare § 800.04(5)(a) ("A person who intentionally touches in a lewd or lascivious manner the breasts . . . State, 101 So.3d 373, 375 (Fla. 1st DCA 2012) (stating that section 800.04(5)(a) is violated either " . . .

T. L. D. a v. STATE, 266 So. 3d 881 (Fla. App. Ct. 2019)

. . . Raleigh , 686 So.2d 621, 622-23 (Fla. 5th DCA 1996) (rejecting argument that section 800.04, Florida . . .

J. DEDOMINICIS, v. STATE, 267 So. 3d 422 (Fla. App. Ct. 2019)

. . . exhibition in the presence of a victim who is less than sixteen years of age, in violation of section 800.04 . . . See § 800.04(7)(b), Florida Statutes (2016) ("An offender 18 years of age or older who commits a lewd . . .

D. S. a v. STATE, 267 So. 3d 414 (Fla. App. Ct. 2019)

. . . (III) Section 800.04(5)(c) 1. where the court finds molestation involving unclothed genitals[.] § 943.0435 . . . Because the juvenile violated section 800.04(5)(c)1., Florida Statutes (2014), the registration statute . . .

MENDEZ, v. STATE, 271 So. 3d 1093 (Fla. App. Ct. 2019)

. . . (A MINOR), a person less than 12 years of age in a lewd or lascivious manner, in violation of 800.04( . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 370 (Fla. 2018)

. . . . § 800.04(2), Fla. Stat. . . . . § 800.04(3), Fla. Stat. . . . Give if applicable. § 800.04(2), Fla. Stat. . . . . § 800.04(3), Fla. Stat. . . . See § 800.04(5)(e), Fla. Stat. . . .

A. ALEXIS, v. STATE, 258 So. 3d 471 (Fla. App. Ct. 2018)

. . . . § 800.04(4), Fla. . . .

AGUILA, v. STATE, 255 So. 3d 522 (Fla. App. Ct. 2018)

. . . section 794.011(8)(b), and two counts of lewd and lascivious molestation of A.C. in violation of section 800.04 . . . counts charged under section 794.011(8)(b) and the lewd and lascivious counts charged under section 800.04 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . defendant committed a sexual battery under chapter 794, Florida Statutes, or a lewd act under section 800.04 . . . ; d. section 794.011, Florida Statutes, (sexual battery), excluding section 794.011(10); e. section 800.04 . . . Sexual Activity [Section 800.04(4), Florida Statutes] The offense ____ did ____ did not involve sexual . . . Use of Force or Coercion [Section 800.04(4), Florida Statutes] The sexual activity described herein _ . . . Use of Force or Coercion/unclothed Genitals [Section 800.04(5), Florida Statutes] The molestation ___ . . .

TAYLOR, v. STATE, 256 So. 3d 950 (Fla. App. Ct. 2018)

. . . lewd or lascivious molestation of T.F., a child less than twelve years of age, in violation of section 800.04 . . . We find no merit to Taylor's arguments that section 800.04(5)(a) is either unconstitutionally vague or . . . the breast, genitals, genital area, or buttocks, or the clothing covering them, contrary to section 800.04 . . .

TAPLIN, v. STATE, 254 So. 3d 1137 (Fla. App. Ct. 2018)

. . . (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 . . .

AMELIO, v. STATE, 253 So. 3d 1150 (Fla. App. Ct. 2018)

. . . provides that "[w]hen consent of the victim is a defense to prosecution under s. 787.06, s. 794.011, or s. 800.04 . . .

FILIPKOWSKI, v. STATE, 252 So. 3d 278 (Fla. App. Ct. 2018)

. . . Stat. (2009 and 2010); §§ 800.04(5)(c)(2), (7)(b), Fla. . . .

LEVANDOSKI, v. STATE, 245 So. 3d 643 (Fla. 2018)

. . . commit certain enumerated sex offenses: those convicted of a violation of chapter 794, or sections 800.04 . . .

STOFFEL, v. STATE, 247 So. 3d 89 (Fla. App. Ct. 2018)

. . . . § 800.04(5), Fla. Stat. (2014). . . . S.P., ..., 9 years of age, or force or entice S.P. to touch the perpetrator, in violation of Section 800.04 . . .

FRANDI, v. STATE, 244 So. 3d 1180 (Fla. App. Ct. 2018)

. . . states that Appellant "has previously been convicted or found to have committed ... any violation of s. 800.04 . . . ," and section 800.04 is one of the statutes enumerated in section 775.21(4)(a)1.b. . . .

LARA- CASTILLO, v. STATE, 244 So. 3d 354 (Fla. App. Ct. 2018)

. . . See § 800.04(5)(a), Fla. Stat. (2016) ; cf. also Chesebrough v. . . .

LOOR, v. STATE, 240 So. 3d 136 (Fla. App. Ct. 2018)

. . . count of lewd and lascivious molestation of a person less than twelve (12) years of age under section 800.04 . . .

WATKINS, v. STATE, 244 So. 3d 341 (Fla. App. Ct. 2018)

. . . violation of section 847.0135(4)(b) ; (3) attempted lewd battery on a child in violation of sections 800.04 . . .

WROMAS, Jr. v. STATE, 239 So. 3d 748 (Fla. App. Ct. 2018)

. . . lascivious battery on a child between the age of twelve and sixteen years, in violation of section 800.04 . . . including lewd and lascivious battery on a child between the age of twelve and sixteen years under section 800.04 . . . and lascivious battery on a child between twelve and sixteen years of age, in violation of section 800.04 . . .

SOLIMAN, v. STATE, 241 So. 3d 908 (Fla. App. Ct. 2018)

. . . Stat. (2013), and attempted lewd or lascivious battery (count three), see §§ 800.04(4)(a), 777.04, Fla . . .

IN INTEREST OF X. W. a Ad v. C. W., 255 So. 3d 882 (Fla. App. Ct. 2018)

. . . Lewd or lascivious battery under section 800.04(4)(a), Florida Statutes (2013), criminalizes "sexual . . . See § 800.04(1)(a) ; see also Guardian Ad Litem Program v. . . .

FURLOW, DOC v. STATE, 237 So. 3d 443 (Fla. App. Ct. 2018)

. . . 609 So.2d 585, 586 (Fla. 1992) (explaining that to prove lewd or lascivious exhibition under section 800.04 . . . Florida courts have previously reversed convictions for lewd or lascivious exhibition under section 800.04 . . . pornographic picture" did not support a conviction for lewd or lascivious exhibition under section 800.04 . . . nude photographs from an automobile did not constitute lewd or lascivious exhibition under section 800.04 . . . case upholding a conviction for lewd or lascivious exhibition under section 847.0135(5) or section 800.04 . . .

STATE v. J. KNIGHTON,, 235 So. 3d 312 (Fla. 2018)

. . . [lewd or lascivious battery], The term ‘unnatural’ in 800.02 distinguishes 800.02 from 800.04, and implies . . . something more than what is covered by 800.04” Id. . . . Knighton was charged with and convicted of lewd or lascivious battery under section 800.04(4), Florida . . . Thus, in reading sections 800.02 and 800.04(4) in a way that gives full effect to all statutory provisions . . . The Fourth District’s contrary conclusion below renders the crimes under sections 800.02 and 800.04(4 . . .

J. CARRION, v. STATE, 235 So. 3d 1051 (Fla. Dist. Ct. App. 2018)

. . . See § 800.04(6)(a)(l), (6)(b), Fla. Stat. (2012). We have jurisdiction. See Fla. R. App. . . . See § 800.04(6)(a)(l), (6)(b). The trial court accepted Mr. . . .

PINNOCK, v. STATE, 236 So. 3d 488 (Fla. App. Ct. 2018)

. . . Stat. (2006), and attempted lewd or lascivious battery on a child, see §§ 777.04(1), 800.04(4)(a), Fla . . .

WRIGHT, v. STATE, 230 So. 3d 1287 (Fla. Dist. Ct. App. 2017)

. . . Appellant pled to one count of lewd or lascivious battery pursuant to section 800.04(4)(a), Florida Statutes . . . He was convicted of a second-degree felony under section 800.04(4)(a), which is a qualifying felony. . . .

BENTLEY, v. STATE, 233 So. 3d 1231 (Fla. Dist. Ct. App. 2017)

. . . battery on a child (twelve years or older but less than sixteen years of age), in violation of section 800.04 . . . See § 800.04(2), Fla. . . . prove lack of consent, but noting that, had the State charged defendant with a crime under section 800.04 . . .

FOSTER, v. STATE, 232 So. 3d 512 (Fla. Dist. Ct. App. 2017)

. . . See § 800.04(5)(a), (b), Fla. Stat. (2015); cf. . . .

RUBIO, DOC v. STATE, 233 So. 3d 482 (Fla. Dist. Ct. App. 2017)

. . . with a child twelve years of age or older but less than sixteen years of age, in violation of sections 800.04 . . .

PHILLIPS, v. STATE, 229 So. 3d 426 (Fla. Dist. Ct. App. 2017)

. . . See § 800.04(7)(a), Fla. . . . lascivious exhibition a second-degree felony punishable by a maximum of fifteen years’ imprisonment); § 800.04 . . .

S. BROWN, v. STATE, 232 So. 3d 1065 (Fla. Dist. Ct. App. 2017)

. . . charge alleging lewd or lascivious sexual battery on a child between the years of 12 and 16 (section 800.04 . . .

D. STRAITIFF, v. STATE, 228 So. 3d 1173 (Fla. Dist. Ct. App. 2017)

. . . Lastly, Petitioner was charged with violating section 800.04(4)(a) for attempting, to engage in sexual . . .

MATIAS, v. STATE, 228 So. 3d 677 (Fla. Dist. Ct. App. 2017)

. . . § 794.011, and fifteen years of probation for the lewd molestation, .a second-degree felony, see § 800.04 . . .

FLEMING, v. STATE, 227 So. 3d 1254 (Fla. Dist. Ct. App. 2017)

. . . Section 800.04(4)(a)(l), Florida Statutes (2014), defines lewd or lascivious battery as “[ejngaging in . . . The definition of “[sjexual activity” in section 800.04(l)(a) is identical to the definition of sexual . . . 794.011(3) (sexual battery as defined), that charge subsumes lewd or lascivious battery under section 800.04 . . .

CURRY, v. STATE, 227 So. 3d 628 (Fla. Dist. Ct. App. 2017)

. . . a lewd or lascivious manner, between June 23 and December 31, 2004, in violation of Florida Statute 800.04 . . . or the clothing covering them between June 23 and December 31, 2004, in violation of Florida Statute 800.04 . . . However, the limitations period for a violation of section 800.04, Florida Statutes, does not begin to . . . agency or other governmental agency, whichever occurs earlier: If the victim of a violation of ... s. 800.04 . . . the Second District held that the statute of limitations for the defendant’s violations of section 800.04 . . .

SIMBERT, v. STATE, 226 So. 3d 883 (Fla. Dist. Ct. App. 2017)

. . . The state, however, did not seek to change the statute alleged to have been violated, section 800.04( . . . Both the original and amended information alleged a violation of section 800.04(4)(a). . . . Section 800.04(4)(a), Florida Statutes (2013), provides that a person “commits lewd or lascivious battery . . . , the sexual organ of another or the anal or vaginal penetration of another by any other object.” § 800.04 . . . Although the amendment did not change the crime charged, that being section 800.04(4)(a), the amendment . . .

IN INTEREST OF I. N. a E. N. v. Ad K. O., 224 So. 3d 900 (Fla. Dist. Ct. App. 2017)

. . . includes lewd or lascivious molestation, lewd or lascivious conduct, and lewd or lascivious exhibition, § 800.04 . . .

SIERRA, v. STATE, 230 So. 3d 48 (Fla. Dist. Ct. App. 2017)

. . . trial, Sierra was convicted of two counts of’lewd or lascivious molestation, in violation of section 800.04 . . . ), Florida Statutes (2009), and one count of lewd or lascivious exhibition, in violation of section 800.04 . . .

PHILLIPS, v. STATE, 225 So. 3d 269 (Fla. Dist. Ct. App. 2017)

. . . If so, then Appellant would fínd herself facing up to sixty years in prison, see §§ 775.083(3)(d), 800.04 . . .

CANNON, v. STATE, 225 So. 3d 896 (Fla. Dist. Ct. App. 2017)

. . . judgment and sentence noted appellant, on the lewd or lascivious exhibition count, violated subsection 800.04 . . . (7)(c), Florida Statutes (2013), when appellant actually violated subsection 800.04(7)(b), Florida Statutes . . .

UNITED STATES v. WILKERSON,, 702 F. App'x 843 (11th Cir. 2017)

. . . At trial, the district court took judicial notice of Florida Statutes § 800.04(4)(a), which criminalizes . . . Florida Statutes § 800.04(4)(a) provides that [a] person commits lewd or lascivious battery by: 1. . . . Id. § 800.04(l)(a). . . . Under its plain language, § 800.04(4)(a) criminalizes engaging in sexual 'activity (including oral sex . . . Had that sexual act been completed, it would have violated § 800.04(4)(a). . . .

LEE, v. STATE, 223 So. 3d 342 (Fla. Dist. Ct. App. 2017)

. . . .” § 800.04(4)(a)l., Fla Stat. (2013). . . . ." § 800.04(l)(a), Fla. Stat. (2013). . . . . years of age, or forces or entices a person under 16 years of age to so touch the perpetrator .... ” § 800.04 . . .

J. ACEVEDO, v. STATE, 218 So. 3d 878 (Fla. 2017)

. . . did not contain elements similar to section 800.04(4), Florida Statutes (2005), or section 800.04(5) . . . 1) is similar in elements to sections 800.04(4) and (5).' . . . requirement contained in section 800.04(1), Florida Statutes (1995). . . . Although section 800.04(5) and the 1995 version of section 800.04(1) contain other elements that are . . . Compare § 800.04, Fla. . . . designated as a dangerous sexual felony offender (DSFO), based upon his prior conviction under section 800.04 . . . , Florida Statutes (1981), did not contain elements similar to section 800.04(4), Florida Statutes (2005 . . . In 1982, Acevedo was convicted of violating section 800.04, Florida Statutes, which read in relevant . . . The Fifth District, comparing a nearly identical statute to sections 800.04(4) and 800.04(5), correctly . . . noted two key differences: (1) “section 800.04(4) requires evidence of sexual activity, whereas there . . .

GONZALEZ, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 689 F. App'x 917 (11th Cir. 2017)

. . . . § 800.04(5)(B). . . . (A MINOR), a person less than 12 years of age in a lewd or lascivious manner, in violation of 800.04( . . .

FOSMIRE, v. STATE, 215 So. 3d 200 (Fla. Dist. Ct. App. 2017)

. . . . § 800.04(7) (b), Fla. . . .

BAKER, v. DEPARTMENT OF CORRECTIONS, 220 So. 3d 487 (Fla. Dist. Ct. App. 2017)

. . . Baker also challenged the constitutionality of sections 749.011 and 800.04, Florida Statutes (2007), . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

. . . 938.08, 938.085, and 938.10; and one count of lewd or lascivious molestation in violation of section 800.04 . . . adjudication, any offense against a minor in violation of s. 784.085, chapter 787, chapter 794, s. 796.03, s. 800.04 . . .

MARTINEZ, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 684 F. App'x 915 (11th Cir. 2017)

. . . . § 800.04(4)(a) based on improper sexual contact with a minor. . . . Stat. § 800.04(4)(a), for sexual contact that occurred between October 31, 2006, and November 1, 2006 . . .

UNITED STATES v. WILLIAMS,, 684 F. App'x 767 (11th Cir. 2017)

. . . criminal offense under Florida law, namely, lewd or lascivious battery, a violation of Florida Statute 800.04 . . .

MAY, v. L. RYAN,, 245 F. Supp. 3d 1145 (D. Ariz. 2017)

. . . . § 800.04(5)(a) (2014) (prohibiting certain intentional touching of anyone under 16 years of age "in . . .

BRUGAL, v. STATE, 217 So. 3d 134 (Fla. Dist. Ct. App. 2017)

. . . lascivious battery upon victim A.D., a child over 12 but under 16 years of age, in violation of section 800.04 . . . buttocks, or the clothing covering them,” the definition of lewd and lascivious molestation, section 800.04 . . . This instruction omitted the alternative provision within section 800.04(5)(a), “or forces or entices . . . That alternative provision within section 800.04(5)(a) was also omitted from the charge in Count 8 of . . . , or the clothing covering the breasts, genitals, genital area, or buttocks” as required by section 800.04 . . .

WONG, v. STATE, 212 So. 3d 351 (Fla. 2017)

. . . convicted of two counts of lewd or lascivious molestation against a victim less than twelve years of age, § 800.04 . . . counts of lewd or lascivious molestation against a victim between twelve and sixteen years of age, § 800.04 . . . Stat., and one count of lewd or lascivious battery against a victim less than sixteen years of age, § 800.04 . . . Aside from section 800.04(5)(b) reclassifying the offense as a life felony in 2005, see ch. 2005-28, . . .

UNITED STATES v. J. JOHNSON,, 681 F. App'x 735 (11th Cir. 2017)

. . . . § 800.04(5) (2002) triggered a sentencing enhancement under § 2251(e), then 25 to 50 years. . . . Stat. § 800.04(6), was broad enough to criminalize touching of a minor between 12 and 16 years old even . . . Stat. § 800.04(5). Moncrieffe v. . . . Stat. § 800.04(2) & (3). Therefore, the “least culpable conduct” criminalized by Fla. . . . Stat. § 800.04. . . . . § 800.04(6) (2002) criminalized touching non-genitalia body parts through clothing (which is not a . . . Stat. § 800.04(3) (2002). The elements of Fla. . . . . § 800.04(5) (2002) were therefore too much in contrast to those in § 2243 for a conviction under § . . . 800.04(5) to “relat[e] to” “abusive sexual conduct involving a minor.” . . . Stat. § 800.04(5) (2002) criminalizes a much broader range of conduct than does § 2243, the two are not . . .

PORTILLO, v. STATE, 211 So. 3d 1135 (Fla. Dist. Ct. App. 2017)

. . . other than the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, 800.04 . . .

DOE v. MIAMI- DADE COUNTY, FLORIDA, 846 F.3d 1180 (11th Cir. 2017)

. . . Section 943.0435, Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011, 800.04 . . . unlawful for any person who has been convicted of a violation of Section 794.011 (sexual battery), 800.04 . . .

WOODRUFF, v. STATE, 208 So. 3d 1265 (Fla. Dist. Ct. App. 2017)

. . . count of lewd or lascivious molestation of a victim under twelve years of age, in violation of section 800.04 . . . the one count for which Woodruff was found guilty (Count Four, a life felony as provided by section 800.04 . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . greater. (13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04 . . . A lewd or lascivious offense under s. 800.04 or s. 825.1025. . . . A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5). 5. . . . enforcement agency does not affect any provision of this subsection. (18) If the offense is a violation of s. 800.04 . . . ... ” § 775.15(12)(a). - For sexual battery (chapter 794) and lewd or lascivious offenses (sections 800.04 . . .

BAXTER, v. STATE, 206 So.3d 150 (Fla. Dist. Ct. App. 2016)

. . . See §§ 775.082(3)(c); 800.04(5)(c)(2), Fla. Stat. (2012). . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . 787.06(3)(h); s.794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04 . . .

STATE v. TUMLINSON,, 224 So. 3d 766 (Fla. Dist. Ct. App. 2016)

. . . Tumlinson with one count of lewd and lascivious molestation of J.T. under section 800.04(5)(b), Florida . . .

THOMAS, v. STATE, 209 So. 3d 35 (Fla. Dist. Ct. App. 2016)

. . . 847.0135(3)(b) (2012) (count II), and one count of attempted lewd or lascivious battery under sections 800.04 . . .

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . with the sexual organ of another, and the defendant was eighteen years or older, contrary to Section 800.04 . . . Appellant was charged with lewd or lascivious battery, a second-degree felony prohibited by section 800.04 . . . As Appellant contends, this statute could only apply to .Count 2, the alleged violation of section 800.04 . . . A lewd or lascivious offense under s. 800.04 or s. 825.1025. 5. . . . As for the lewd or lascivious battery charge, a violation of section 800.04 is included within section . . .

VEGA, v. STATE, 208 So. 3d 215 (Fla. Dist. Ct. App. 2016)

. . . The law (here section 800.04) makes it a crime for a twenty-seven year old to engage in specified sexual . . . See § 800.04, Fla. . . . with lewd and lascivious acts on a child (a girl then fourteen years of age) in violation of section 800.04 . . .

WROMAS, Jr. v. STATE, 208 So. 3d 218 (Fla. Dist. Ct. App. 2016)

. . . guilty to lewd and lascivious battery on a child twelve to sixteen years of age in violation of section 800.04 . . .

STAPLES, v. STATE, 202 So. 3d 28 (Fla. 2016)

. . . Stat. (2011), and attempted lewd or lascivious battery, §§ 800.04(4)(a), 777.04. . . .

ENRIQUEZ, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 662 F. App'x 650 (11th Cir. 2016)

. . . . § 800.04(5)(b). . . .

DOE v. MIAMI- DADE COUNTY,, 838 F.3d 1050 (11th Cir. 2016)

. . . Section 943.0435, Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011, 800.04 . . . unlawful for any person who has been convicted of a violation of Section 794.011 (sexual battery), 800.04 . . .

GRAHAM, v. STATE, 207 So.3d 135 (Fla. 2016)

. . . where a defendant was convicted of two counts of lewd or lascivious battery, in violation of section 800.04 . . . lascivious battery statute did not violate double jeopardy because “the. sex acts proscribed in section. 800.04 . . . See § 800.04(5)(c) 2, Fla. . . .

LESOVSKY, v. STATE, 198 So. 3d 988 (Fla. Dist. Ct. App. 2016)

. . . in a lewd or lascivious manner by placing her tongue in the mouth of [the victim], contrary to F.S. 800.04 . . . (6)(a) and F.S. 800.04(6)(b)” (“Count IV”). . . .

VILLANUEVA, v. STATE, 200 So. 3d 47 (Fla. 2016)

. . . . § 800.04(5)(a), Fla. Stat. (2008). . . . .

R. BATCHELOR, v. STATE, 193 So. 3d 1054 (Fla. Dist. Ct. App. 2016)

. . . 934.215, Floirida' Statutes (2012); .and (3) attempted lewd battery on a child, a violation of sections 800.04 . . . THE SUFFICENCY OF THE EVIDENCE TO PROVE AN ATTEMPT Under section 800.04(4): “A person who: (a) Engages . . .

PLANAS, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 652 F. App'x 827 (11th Cir. 2016)

. . . . § 800.04(5)(a). . . .

DUCLOS- LASNIER, v. STATE, 192 So. 3d 1234 (Fla. Dist. Ct. App. 2016)

. . . See § 800.04(4)(a), Fla. Stat. (2012). . . . See generally § 800.04(d), Fla. . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04 . . .

J. KNIGHTON, v. STATE, 193 So. 3d 115 (Fla. Dist. Ct. App. 2016)

. . . Here, Knighton was charged with lewd or lascivious battery pursuant to section 800.04, Florida Statutes . . . . § 800.04(4)(a)l., Fla. . . . unnatural and lascivious act] to be applied to different factual situations than would fall under section 800.04 . . . The term ‘unnatural’ in 800.02 distinguishes 800.02 from 800.04, and implies something more than what . . . is covered by 800.04.” . . .

TATE, v. STATE, 191 So. 3d 535 (Fla. Dist. Ct. App. 2016)

. . . against Ricky Lee Tate, Count I charged him with lewd or lascivious battery in violation of section 800.04 . . . Counts II and III charged him with lewd or lascivious molestation in violation of section 800.04(5)(d . . . Instead, Tate was charged and convicted — apparently erroneously — under section 800.04(5)(d), which . . .

LEON, v. STATE, 190 So. 3d 243 (Fla. Dist. Ct. App. 2016)

. . . On count 6, the defendant was convicted of violating section 800.04(5)(b) of the Florida Statutes (2003 . . .

MONROE, v. STATE, 191 So. 3d 395 (Fla. 2016)

. . . . § 800.04(5)(b), Fla. Stat. (2011). . . . molestation convictions and enter judgments of conviction pursuant to sec: tions 794.011(2)(b) and 800.04 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

. . . (4)(a)l. 11.10(a) Lewd or lascivious battery (Victim less than 16) * 800.04(4)(a)2.* 11.10(b) * Battery . . . (4)(a)l. 11.10(a) tery (Victim 12 or older but-less than 16) _._;_ Lewd or lascivious bat- 800.04(4)( . . . (4)(a)l. 11.10(a) Lewd or lascivious battery (Victim less than 16)* 800.04(4)(a)2.* 11.10(b) * Battery . . . (4)(a)l. 11.10(a) tery (Victim 12 or older but younger than 16)__ Lewd or lascivious bat-' 800.04(4)( . . . (4)(a)l. 11.10(a) tim 12 or older but less than 16) _ Lewd or lascivious battery (Vic- ‘ 800.04(4)(a) . . .

SALERNO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 646 F. App'x 757 (11th Cir. 2016)

. . . . § 800.04(5)(a) and (b). . . .

GREENE, v. STATE, 186 So. 3d 1099 (Fla. Dist. Ct. App. 2016)

. . . ; or solieit[ed] [the victim] to commit a lewd or lascivious act, in violation of - Florida Statute 800.04 . . . Pursuant to section 800.04(6), Florida Statutes (2012), lewd or lascivious conduct is defined as the . . . commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 800.04 . . . Because section 800.04(6)(a) offered two bases for finding a violation — solicitation (no sexual contact . . .

RIVERA, v. BOARD OF TRUSTEES OF CITY OF TAMPA S GENERAL EMPLOYMENT RETIREMENT FUND,, 189 So. 3d 207 (Fla. Dist. Ct. App. 2016)

. . . which provides as. follows: The committing on or after October 1, 2008, of any felony defined in s.800.04 . . . Rivera had committed either any felony defined in section 800.04 against a victim younger-than sixteen . . . Rivera committed an offense under chapter 794 or under section 800.04 on the date of his arrest. . . .

ROUGHTON, v. STATE, 185 So. 3d 1207 (Fla. 2016)

. . . . § 800.04(5)(a), (b), Fla. Stat. (2008). . . . . Compare § 800.04(l)(a), (4)(a), Fla. . . . .2d 1291 (Fla. 2d DCA 2005). .In Hightower, this Court found that under the 1984 amendment to section 800.04 . . . Section 800.04 was amended in 1999, however, resulting in the removal of that phrase. . . . .]” § 800.04(5)(a), Fla. Stat. (2008). . . . Stat. (2008). . § 800.04(5)(b), Fla. Stat. (2008). 3. " ‘Union’ means contact.” Fla. Std. . . .

J. McCARRON, DOC v. STATE, 185 So. 3d 666 (Fla. Dist. Ct. App. 2016)

. . . lewd or lascivious exhibition upon a person less than sixteen years of age, a violation of section 800.04 . . . a person over eighteen years of age on a childless than twelve years of age, a violation of section 800.04 . . .

F. DANNY, Jr. v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 811 F.3d 1301 (11th Cir. 2016)

. . . . § 800.04(5)(b). . . .

RODRIGUEZ, v. STATE, 198 So. 3d 710 (Fla. Dist. Ct. App. 2016)

. . . seduce/solicit a child to commit a sex act, § 847.0135(3), and attempted lewd or lascivious battery, § 800.04 . . .

STATE v. LAING,, 182 So. 3d 812 (Fla. Dist. Ct. App. 2016)

. . . they could have been construed as an attempt to commit a lewd or lascivious molestation under section 800.04 . . . commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 800.04 . . .

UNITED STATES v. ZARATE,, 633 F. App'x 775 (11th Cir. 2015)

. . . . § 800.04(7)(a), a crime of violence under the Sentencing Guidelines. According to the PSI, Mr. . . . Stat. § 800.04 qualified for “sexual abuse of a minor” and therefore categorically was a violent felony . . . Stat. § 800.04 as codified in 1987 constituted “sexual abuse of a minor” under U.S.S.G. § 2L1.2 even . . . Stat. § 800.04 may have been implicated. . . . Stat. § 800.04(7)(a) in place at the time Mr. . . .

C. HANF, v. STATE, 182 So. 3d 704 (Fla. Dist. Ct. App. 2015)

. . . .” § 800.04(6)(a), Fla. Stat. (2011) (emphasis added). . . . .” §§ 775.082(3)(c); 800.04(5)(c)2., Fla. Stat. (2011). . . . felony where the offender is 18 years of a,ge or older and the victim' is less than 12 years of age. § 800.04 . . . The statute provides that an offense “which is a person’s second or subsequent violation of s. 800.04 . . . less than 12 years of age, ... and the defendant was 18 years of age or older, contrary to Section 800.04 . . . Appellant was found guilty of lewd or lascivious molestation of L.C. as charged pursuant to section 800.04 . . .

R. CREWS, v. STATE, 183 So. 3d 329 (Fla. 2015)

. . . molestation of a person over the age of twelve and under the age of sixteen in violation of section 800.04 . . . lascivious exhibition in the presence of a person under the age of sixteen in violation of section 800.04 . . .

DIXON, v. STATE, 182 So. 3d 670 (Fla. Dist. Ct. App. 2015)

. . . convictions for lewd or lascivious molestation of a victim less than twelve years of age (sections 800.04 . . . 2014)) and lewd or lascivious conduct by soliciting a victim less than twelve years of age (sections 800.04 . . .

FUNICIELLO, v. STATE, 179 So. 3d 388 (Fla. Dist. Ct. App. 2015)

. . . The statute reads, in relevant part, as follows: 800.04. . . . . § 800.04(4)(a), Fla. Stat. (2011). . . . standard jury instruction-reads: 11.10(a) LEWD OR LASCIVIOUS BATTERY (ENGAGING IN SEXUAL ACTIVITY) § 800.04 . . . 800.02 was a lesser-included offense of section 800.04. . . . ORFINGER and EVANDER, JJ., concur. . § 800.04(4)(a), Fla. Stat. (2011). . See Williams v. . . .

H. BUCHANAN, v. STATE, 179 So. 3d 393 (Fla. Dist. Ct. App. 2015)

. . . judgment to reflect that Appellant, Brian Harrison Buchanan, was found guilty of violating both section 800.04 . . . (5)(a) and 800.04(5)(b), Florida Statutes (2013). . . .

CZAJKOWSKI, v. STATE, 178 So. 3d 498 (Fla. Dist. Ct. App. 2015)

. . . person over the age of 18 who, having been previously convicted of a violation of chapter 794 or s. 800.04 . . .