L.J., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A juvenile was charged with attempted sexual battery based on allegations that he touched the victim's breasts, buttocks, and vaginal area and attempted to remove her pants without consent. The court affirmed the adjudication, holding that the conduct alleged in the charging document sufficiently established both the specific intent to commit sexual battery and a separate overt act in furtherance thereof.
The court held that the charging document sufficiently alleged both essential elements of attempted sexual battery. The overt act of attempting to remove the victim's pants, combined with the touching of intimate areas, constitutes a separate ineffectual act done towards the commission of sexual battery, and the alleged conduct demonstrates the requisite specific intent.
[1] An attempt to commit a crime requires specific intent to commit the crime and a separate overt, ineffectual act done towards its commission.
[2] The overt act in furtherance of an attempted sexual battery may include attempting to remove the victim's pants.
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Join FLexlaw to unlock all legal intelligence“An attempt involves two essential elements: specific intent to commit the crime and a separate overt, ineffectual act done towards its commission.”
Establishes the legal standard for what constitutes an attempt to commit a crime.
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Join FLexlaw to unlock all legal intelligenceOn February 9, 1982, in Dade County, Florida, the juvenile appellant allegedly touched the breasts, buttocks, and vaginal area of a person over eleven…
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BARKDULL, Judge.
The charging document in this juvenile proceeding alleges an attempt to commit a sexual battery and lists certain designated acts in an attempt to support the charge as follows:
This child, on or about February 9, 1982, in Dade County, Florida, did unlawfully and feloniously attempt to commit a sexual battery upon a person over the age of eleven (11) years, and in furtherance thereof did: TOUCH THE BREASTS, BUTTOCKS AND VAGINAL AREA OF AND RESTRAIN WHILE UNSNAPPING HER PANTS, without the consent of and in the process used physical force and violence not likely to cause serious personal injury, in violation of 777.04, 794.011(5), Florida Statutes. (Name of minor eliminated).
It is the appellant’s position that the alleged act spelled out in the charging document must in and of itself supply the requisite proof of the underlying intent. An attempt to commit a crime involves an in-completed act as distinguished from a completed act necessary for the crime. Gustine v. State, 86 Fla. 24, 97 So. 207 (1923); Robinson v. State, 263 So. 2d 595 (Fla.3d DCA 1972). An attempt involves two essential elements: specific intent to commit the crime and a separate overt, ineffectual act done towards its commission. Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980). The intent and the act must be such that they would have resulted, except for the interference of some cause preventing the carrying out of the intent, in the completed commission of the crime. Adams v. Murphy 394 So. 2d 411 (Fla.1981). The crime herein is attempted sexual battery. Sexual battery is defined as the “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any object; ...” Section 794.011(1)(f) Fla.Stat. (1981). An attempt to commit such an act would certainly be facilitated by the overt act of attempting to remove the pants of the victim. Thus it appears that the charging document filed herein sufficiently alleges a separate overt act done towards the commission of the crime and the argument of the appellant herein that it was subject to a motion to dismiss is without merit.
The other point urged for reversal is also found to be without merit. Tibbs v. State, 397 So. 2d 1120 (Fla.1981); Littles v. State, supra.
Therefore the adjudication is affirmed.
Affirmed.
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Williams v. State, 967 So. 2d 735 (Fla. 2007)…, 1118-19 (Fla. 4th DCA 1999) (affirming denial of JOA motion on attempted sexual battery charge where the defendant “forcibly carried [the victim] to the parking lot, threw her down, straddled her, and began to take her blouse off’); L.J. v. State, 421 So. 2d 198, 199 (Fla. 3d DCA 1982) (denying motion to [*756] dismiss and noting that an attempted sexual battery “would certainly be facilitated by the overt act of attempting to remove the pants of the victim”). Evidence during this trial revealed there was…
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Geldreich v. State, 763 So. 2d 1114 (Fla. 4th DCA 1999)…ev. denied, 718 So. 2d 173 (Fla.1998). “The intent and the act must be such that they would have resulted, except for the interference of some cause preventing the carrying out of the intent, in the completed commission of the crime.” L.J. v. State, 421 So. 2d 198, 198-99 (Fla. 3d DCA 1982). Thus, the act must go beyond mere preparation and planning. See Walker, 705 So. 2d at 590. [*1119] The facts of this case show both an intent and acts in furtherance of its commission. Geldreich forcibly carried KB. to th…
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Miller v. Dugger, 565 So. 2d 846 (Fla. 1st DCA 1990)…rgan of another. An attempt involves two elements: (1) the specific intent to commit the crime, and (2) a separate, overt, ineffectual act done towards the commission of the crime. Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980); L.J. v. State, 421 So. 2d 198 (Fla. 3d DCA 1982). As revealed by prior Florida Supreme Court opinions, the elements of assault with intent to commit rape are (1) an overwhelming intent to commit rape, and (2) some act or deed evidencing that intent. Manning v. State; Clark v. S…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Gustine v. State, 86 Fla. 24 (Fla. 1923)
- Alphonso Clarence Robinson v. State, 263 So. 2d 595 (Fla. 3d DCA 1972)
- Adams v. Murphy, 394 So. 2d 411 (Fla. 1981)
- Seevola Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980)