Mr. Williams was charged with sexual battery on a 15-year-old girl. The trial court gave jurors the option of finding Mr. Williams guilty of a lesser offense of lewd or lascivious battery if they found the evidence did not prove sexual battery. Mr. Williams opposed the verdict option. After the jury found him guilty of lewd or lascivious battery, he appealed the conviction. The 2nd DCA affirmed and ruled that the language of the charging document and the evidence at trial made lewd or lascivious battery a proper lesser offense. The court said it considered this a question of great public importance and asked this Court to address it.