JULIO M. DURAN
v.
STATE OF FLORIDA
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A person who intentionally masturbates in the presence of a victim less than 16 years of age commits lewd or lascivious exhibition under § 800.04(7)(a)(1), Fla. Stat., and evidence supporting such conduct is sufficient for conviction.
[1] Evidence that a defendant intentionally exposed himself or engaged in masturbation before a minor is sufficient to support a conviction for lewd or lascivious exhibition…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under Florida criminal law the terms 'lewd' and 'lascivious' are synonymous: Both require an intentional act of sexual indulgence or public indecency, when such act causes offense to one or more persons viewing it or otherwise intrudes upon the rights of others.”
Schmitt v. State, 590 So. 2d 404, 410 (Fla. 1991), defining the elements of lewd and lascivious conduct
Duran was convicted of lewd or lascivious exhibition under Florida Statute § 800.04(7)(a)(1) based on evidence that he intentionally masturbated in th…
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Third District Court of Appeal
State of Florida
Opinion filed April 8, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D24-1539
Lower Tribunal No. F20-6958
Julio M. Duran,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Lody Jean,
Judge.
Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant
Public Defender, for appellant.
James Uthmeier, Attorney General, and Sandra Lipman, Senior
Assistant Attorney General, for appellee.
Before GORDO, BOKOR, and GOODEN, JJ.
PER CURIAM.
Affirmed. See § 800.04(7)(a)(1), Fla. Stat. (2020). (“A person who [i]ntentionally masturbates . . . in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.”); Usry v. State, 118 So. 3d 988, 990 (Fla. 1st DCA 2013) (holding evidence that Usry intentionally exposed himself at a school bus stop supports guilty verdict on lewd and lascivious exhibition under section 800.04(7), Florida Statutes); State v. Sholl, 18 So. 3d 1158, 1161 (Fla. 1st DCA 2009) (holding jury could reasonably infer from Sholl's decision to expose himself during online chat to someone whom he believed to be a thirteen-year-old girl that he was intentionally acting in a lewd or lascivious manner for purposes of section 800.04(7), Florida States); see also Schmitt v. State, 590 So. 2d 404, 410 (Fla. 1991) (“Under Florida criminal law the terms ‘lewd’ and 'lascivious' are synonymous: Both require an intentional act of sexual indulgence or public indecency, when such act causes offense to one or more persons viewing it or otherwise intrudes upon the rights of others.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schmitt v. State, 590 So. 2d 404 (Fla. 1991)
- State v. Sholl, 18 So. 3d 1158 (Fla. 1st DCA 2009)