Supreme Court of Florida

For purposes of a statute outlawing lewd or lascivious conduct, the defendant's age is an element of the crime, as opposed to a potential sentencing enhancement, and thus must be alleged in the indictment or information, proven at trial, and found by the jury.

Appellate Information

• Decided 09/20/2007
• Published 09/20/2007

Judges

• CANTERO, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, Robert J. Krauss, Bureau Chief, and Susan D. Dunlevy, Assistant Attorneys General, Tampa, FL, for Respondent.