Deivys Diaz v. The State of Florida

Summary

The Florida Third District Court of Appeal affirmed Deivys Diaz’s conviction for possession of a sexual performance by a child under section 827.071(5), Florida Statutes. The court held that the State presented sufficient evidence to support the conviction and that the statute did not require proof that Diaz personally intended to arouse or gratify sexual desire. The court affirmed the denial of Diaz’s motion for judgment of acquittal.

Holdings

1. The State presented sufficient evidence for a rational jury to find beyond a reasonable doubt that Diaz knowingly possessed content he knew included child pornography, and the trial court properly denied the motion for judgment of acquittal.
2. The conviction did not require proof that Diaz personally possessed an intent to arouse or gratify sexual desire because the statutory offense focuses on knowing possession of content known to include child pornography, and the recorded conduct was masturbation, which is included in the statutory definition of sexual conduct.

Questions Presented

1. Whether the State presented sufficient evidence to support Diaz's conviction for possession of a sexual performance by a child under section 827.071(5), Florida Statutes.
2. Whether section 827.071(5) required the State to prove that Diaz personally possessed an intent to arouse or gratify sexual desire.

Disposition

affirmed