Rains v. State

Rains appeals his conviction for lewd and lascivious battery of a twelve-year-old boy. He was charged pursuant to section 800.04(4)(a), Florida Statutes (2003). We affirm.

Rains was a middle school math teacher. He also conducted an after-school activity program in his classroom. The program included recreational activities. One of the activities was Nerf basketball.

The victim was a student of Rains who frequently participated in Rains’ after-school activity program. There were apparently several occasions during which Rains and the victim were the last people to leave the classroom.

The victim…