Hicks v. State
1990 WL 68728
Fla. Dist. Ct. App.1990Check TreatmentThomas W. HICKS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
Robert E. Turffs of Kanetsky, Moore & DeBoer, P.A., Venice, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.
PER CURIAM.
Thomas Hicks appeals his conviction for use of a child in a sexual performance. § 827.071(2), Fla. Stat. (1989). The sole issue is whether a defendant's ignorance of the victim's age constitutes a viable defense. For the same public policy reasons that were set forth in our recent decision State v. Sorakrai, 543 So. 2d 294 (Fla. 2d DCA 1989), dealing with a violation of section 800.04(2) (lewd assault upon a child), we hold that it does not.
Affirmed.
RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
