Johns v. State

George C. Johns appeals his conviction for attempted sexual battery on a child by a person in familial or custodial authority.

Johns was charged in count one with lewd assault on a child by touching the victim’s penis. In counts two and three, he was charged with sexual battery on a child by a person in familial or custodial authority, in violation of section 794.01(8)(b). “ ‘Sexual battery’ means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object ....” § 794.011(l)(h). Counts two and three alleged…