H.D., FATHER OF L.S., A CHILD, APPELLANT,

v.

DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Citator

Cited By

• Knarich v. State, 866 So. 2d 165 (Fla. 2d DCA 2004)
  …ut it did hold that victim injury points for sexual contact are not limited “to instances where there was a union of the sexual organ of one person with the oral, anal, or vaginal opening of another.” Seagrave, 802 So. 2d at 291. In Altman v. State, 852 So. 2d 870, 874 (Fla. 4th DCA 2003), the Fourth District stated that the supreme court’s opinion in Seagrave indicates a “more expansive interpretation of ‘sexual contact,’ which takes into account the wide range of activity proscribed by the lewd and lascivio…
• Hernandez v. State, 31 So. 3d 873 (Fla. 4th DCA 2010)
  …ant correctly asserts that sexual contact is not defined in the applicable statutes. However, our courts have upheld sexual contact victim injury points in instances where the offender touched clothed sexual parts of the victim. See Altman v. State, 852 So. 2d 870 (Fla. 4th DCA 2003) (holding that appellant’s act of lying on top of the victim with his clothed genitals pressed against hers and “humping” her constituted sexual contact for which victim injury points were appropriately scored); see also Fredette…
• Marra v. State, 970 So. 2d 475 (Fla. 5th DCA 2007)
  …has not defined a statutory term, courts should construe it according to its ordinary and common meaning. V.K.E. v. State, 934 So. 2d 1276, 1292 (Fla.2006). Marra notes that one prior Florida case discussed the term “French kiss.” Altman v. State, 852 So. 2d 870 (Fla. 4th DCA 2003). In Altman, the defendant was charged with lewd assault by “kissing and inserting his tongue into the mouth of the victim.” Id. at 872. On appeal, he challenged the assessment of sexual contact points on his sentencing scoresheet…

Authorities Cited

• T.H. v. Dep't of Child. & Families, 736 So. 2d 126 (Fla. 1st DCA 1999)