Hicks v. State

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

District Court of Appeal of Florida

Decided May 23, 1990.

Rehearing Denied June 14, 1990.

District Court of Appeal of Florida · decided 1990-05-23

Cited by 16 later decisions — most recently August 2008

16 state decisions

Relies on 543 So. 2d 294 - State v. Sorakrai

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-23

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¶1Robert E. Turffs of Kanetsky, Moore & DeBoer, P.A., Venice, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Thomas 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.

¶5Affirmed.

¶6RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.