Lowe v. State

Following his conviction entered pursuant to a plea of nolo contendere, David L. Lowe timely appeals the order denying his motion to dismiss the information charging him with lewd or lascivious exhibition. Lowe argues on appeal that his actions were not encompassed within the statute’s definition of “sexual activity.” For the reasons that follow, we conclude that the motion to dismiss should have been granted and reverse Lowe’s conviction.

The facts are not in dispute. Lowe was sitting in his truck in the parking lot of a convenience store when a vehicle occupied by a seven-year-old child and…