STATE OF FLORIDA, APPELLANT,
v.
CURTIS HENRY PEACOCK, APPELLEE
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The State of Florida appealed an order quashing an information against Curtis Henry Peacock. The appellate court reversed, finding that the information sufficiently charged a felony under Florida Statute Section 800.04.
Yes, the information sufficiently charges a felony because the exposure of the penis could have been done in a lewd and lascivious manner, as prohibited by the statute.
“Any person who shall handle, fondle or make an assault upon any male or female child under the age of fourteen years in a lewd, lascivious or indecent manner, or who shall knowingly commit any lewd-or lascivious act in the presence of such child, without intent to commit rape where such child is female, shall be deemed guilty of a felony and punished by imprisonment in the state prison or county jail for not more than ten years.”
This quote is the text of the statute under which the information was filed.
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Join FLexlaw to unlock all legal intelligenceThe State filed an information charging Curtis Henry Peacock with knowingly committing a lewd and lascivious act in the presence of two male children …
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This is an appeal by the State from an order quashing an information on motion of the respondent on the ground- that the information did not state facts which constitute a felony.- We find error and reverse.
The information charges that the appellee “did knowingly commit a lewd and lascivious act in the presence of” two named male children “under the age of fourteen years, by willfully and knowingly exposing the penis of Curtis Henry Peacock to the view of the said” two children which act was “lewd and lascivious.”
Section 800.04 Florida Statutes (1963) F.S.A., provides:
“Any person who shall handle, fondle or make an assault upon any male or female child under the age of fourteen years in a lewd, lascivious or indecent manner, or who shall knowingly commit any lewd-or lascivious act ■in the presence of such child, without intent to commit rape where such child is female, shall be deemed guilty of a felony and punished by imprisonment in the state prison or county jail for not more than ten years.” (Emphasis supplied.)
It appears that the information charges acts within language of the statute above quoted since it is comprehensible that the exposure of the penis-could have been in a lewd and lascivious manner; the attitude, manner and demeanor of the accused may have made the exposure “lewd and lascivious.”
Since a violation of Section 800.04 (supra) is punishable in the state prison upon conviction the information charges a felony. See F.S. Section 775.08, F.S.A.
Reversed.
SHANNON, Acting C. J., and WHITE, J., concur.
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State v. Shedaker, 196 So. 2d 202 (Fla. 3d DCA 1967)…at most, constituted an offense as a misdemeanor under § 800.03, Fla.Stat., F.S.A., which motion was granted.1 The information, as drawn, charged a crime within the purview of § 800.04 Fla. [*203] Stat, F.S.A. See: State v. Peacock, Fla. App.1964, 163 So. 2d 46. Therefore, we reverse the order. The cause and the ap-pellee are remanded to the trial court for further proceedings. Reversed and remanded. . Counsel for the appellee has not favored us. with a brief in this cause to support the ruling of the tr…