Supreme Court of Florida

State of Florida, Petitioner v. Ronnie J. Knighton, Respondent

February 1, 2018235 So. 3d 312

Summary

The court held that a defendant charged with lewd or lascivious battery based on penile-vaginal intercourse with a child is not entitled to a permissive lesser included instruction for unnatural and lascivious act. Applying the whole-statute rule, the court concluded that the term "unnatural" gives the two offenses distinct meanings and prevents them from being treated as identical crimes. The court quashed the district court's decision and remanded for further proceedings.