State v. KnightonAnnotate this Case
At issue was whether Defendant, who was charged with lewd or lascivious battery, was entitled to an instruction on the permissive lesser included offense of unnatural and lascivious act. The trial court denied Defendant’s request for such an instruction, and the jury convicted Defendant of lewd or lascivious battery. The Fourth District Court of Appeal reversed, concluding that Defendant was entitled to the unnatural and lascivious instruction. The Supreme Court quashed the decision of the Fourth District, holding (1) the Legislature must have intended for the crime of unnatural and lascivious act under Fla. Stat. 800.02 to be separate and distinct from the crime of lewd and lascivious battery under Fla. Stat. 800.04(4); and (2) therefore, the trial court did not err in declining to give the permissive lesser instruction of unnatural and lascivious acts.