Witt v. State

I respectfully dissent.

The issue is whether it is an element of the crime of section 827.03(2)(c), Florida Statutes, that the accused knew the victim was under the age of eighteen. I believe it is.

The majority relies on the language in Grady v. State, 701 So.2d 1181 (Fla. 5th DCA 1997), review denied, 717 So.2d 531 (Fla.1998), that:

[0]ur legislature and courts recognize an exception to the specific intent requirement where the state has a compelling *948interest in protecting underage persons from being sexually abused or exploited.. Stated differently, -crimes against children fall “within the…