Monday, January 9, 2006
State of Florida v. Steven Paul

no. 05-656

Broward County

Paul was convicted of four counts of lewd and lascivious behavior with a 13-year-old boy. He challenged his convictions, arguing the acts comprised a single episode and that prosecution and conviction of four separate counts violated double jeopardy. The trial judge disagreed but the 4th District Court of Appeal partially agreed and reversed two of the counts. In this appeal to the Supreme Court, the state argues that three of the counts are based on separate subsections of the lewd and lascivious statute – lewd and lascivious conduct, lewd and lascivious exhibition, and lewd and lascivious molestation. The fourth count, the state argues, is based on an act that occurred in a separate room, which allows it to stand independently. Paul argues it's not clear that state lawmakers intended to punish the separate offenses outlined in the statute independently.