Hicks v. State

Florida District Courts of Appeal
Hicks v. State, 561 So. 2d 1284 (1990)
1990 WL 68728
Per Curiam

Hicks v. State

Opinion

561 So.2d 1284 (1990)

Thomas W. HICKS, Appellant,
v.
STATE of Florida, Appellee.

No. 89-03070.

District Court of Appeal of Florida, Second District.

May 23, 1990.
Rehearing Denied June 14, 1990.

Robert E. Turffs of Kanetsky, Moore & DeBoer, P.A., Venice, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Thomas Hicks appeals his conviction for use of a child in a sexual performance. § 827.071(2), Fla. Stat. (1989). The sole issue is whether a defendant's ignorance of the victim's age constitutes a viable defense. For the same public policy reasons that were set forth in our recent decision State v. Sorakrai, 543 So.2d 294 (Fla. 2d DCA 1989), dealing with a violation of section 800.04(2) (lewd assault upon a child), we hold that it does not.

Affirmed.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.

Reference

Cited By
8 cases
Status
Published