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6 Florida opinions name it 1 courts 1987–2024 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Nickensgreen1 sentence2024In fact, the Sexual Predators Act does 6 “[T]he elements of assault with intent to commit [criminal sexual conduct] involving penetration are simply (1) an assault, and (2) an intent to commit [criminal sexual conduct] involving sexual penetration.” People v. Nickens, 685 N.W.2d 657, 661 (Mich. 2004). | 1 | 1 |
Morris v. Stategreen1 sentence2003While section 794.0235(1), Florida Statutes (1997), purported to authorize sentencing a defendant to treatment with medroxyprogesterone acetate, it did so only in the event of a conviction for sexual battery under section 794.011, Florida Statutes (1997), which was not charged in the present case. [1] An offense under section 800.04, Florida Statutes (1997), can involve much less serious conduct than sexual battery under section *523 794.011, including, we have held, "verbal conduct." See Morris v. State, 789 So.2d 1032, 1033 (Fla. 1st DCA 2001) (en banc) (upholding a conviction under section | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Khianthalat v. State
green
1 sentence2019Id. at 361 . | 1 | 2019–2019 |
Bashans v. State
green
1 sentence2005Bashans, 388 So.2d at 1305 n. 1 (quoting McGahagin v. State, 17 Fla. 665 (1880)). | 1 | 2005–2005 |
McGahagin v. State
green
1 sentence2005Bashans, 388 So.2d at 1305 n. 1 (quoting McGahagin v. State, 17 Fla. 665 (1880)). | 1 | 2005–2005 |
State v. Werner
green
1 sentence2001Myers relies on State v. Werner, 609 So.2d 585 (Fla.1992), wherein the supreme court interpreted section 800.04(3), Florida Statutes (1987), which made it unlawful to commit any lewd or lascivious act in the presence of a child. | 1 | 2001–2001 |
Moore v. State
green
1 sentence1987Because victim contact, with or without penetration during fondling, is an element of the offense under section 800.04 that may be scored on the guidelines scoring sheet under victim injury, cf. Moore v. State, 469 So.2d 947 (Fla. 5th DCA 1985), the trial court correctly assessed 40 points for penetration under victim injury so long as the *390 record established that fact. | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.