State v. Avila

OPINION OF THE COURT

WAYNE L. COBB, Circuit Judge.

ORDER DENYING DEFENDANTS MOTION TO ALLOW CONSENT DEFENSE

In this case, the defendant, Marco Antonio Avila, is charged by information with two counts of committing a lewd and lascivious act upon a child under the age of sixteen years contrary to Section 800.04(2), Florida Statutes. Specifically, he is charged with having sexual intercourse with the victim while the victim was fifteen years old.

Section 800.04(2), Florida Statutes, provides:

Any person who: (2) Commits an act defined as sexual battery under § 794.01 l(l)(h) upon any child under the…