Tampa Lewd and Lascivious Battery Attorney
A Lewd and Lascivious Battery charge in Florida can place your freedom, reputation, and future in immediate jeopardy. A conviction may result in years in prison, mandatory sex offender registration, lifelong reporting requirements, severe restrictions on where you can live and work, and a permanent felony record. Even the allegation alone can have devastating personal and professional consequences. If you have been arrested or are under investigation, you need an experienced Tampa Lewd and Lascivious Battery Attorney on your side as early as possible.
Attorney J. Ruffin Hunt is a former Division Chief with the Hillsborough County Public Defender's Office who has devoted his career exclusively to defending individuals accused of criminal offenses throughout Tampa and Hillsborough County. Drawing on years of courtroom experience handling serious felony and sex crime cases, Mr. Hunt works aggressively to challenge the prosecution's evidence, protect his clients' constitutional rights, and pursue every available avenue for dismissal, reduction, or acquittal. If you are facing allegations of Lewd and Lascivious Battery, contact Hunt Law | Tampa Criminal Defense today to schedule a confidential consultation and begin building your defense immediately.
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What Is Lewd & Lascivious Battery in Florida?
Lewd and Lascivious Battery is one of Florida's most serious sex crime offenses involving minors. Under Section 800.04(4), Florida Statutes, a person commits Lewd and Lascivious Battery by either:
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Engaging in sexual activity with a person who is 12 years of age or older but less than 16 years of age; or
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Encouraging, forcing, or enticing a person under the age of 16 to engage in prostitution, sadomasochistic abuse, sexual bestiality, or any other act involving sexual activity.
Unlike many other criminal offenses, Florida law does not allow several defenses that defendants often assume may apply. The alleged victim's consent is not a legal defense, and a defendant cannot argue that they believed the alleged victim was older or that the alleged victim misrepresented their age. These strict liability provisions make Lewd and Lascivious Battery cases especially complex and underscore the importance of retaining an experienced Tampa Lewd and Lascivious Battery Attorney as early as possible.
Penalties for Lewd & Lascivious Battery
Lewd and Lascivious Battery is generally charged as a Second-Degree Felony in Florida. A conviction may expose a defendant to:
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Up to 15 years in Florida State Prison
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Up to 15 years of probation
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A fine of up to $10,000
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A permanent felony conviction
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Mandatory designation as a sex offender in many cases
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Significant immigration consequences for non-citizens
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Loss of certain civil rights and professional licensing consequences
For individuals with certain qualifying prior convictions, the offense may be enhanced to a First-Degree Felony, carrying substantially greater penalties.
Because sentencing in sex offense cases often involves the Florida Criminal Punishment Code, mandatory conditions of probation, and lengthy supervision requirements, the consequences of a conviction frequently extend far beyond incarceration.
Sex Offender Registration Can Have Lifelong Consequences
One of the most severe consequences of a Lewd and Lascivious Battery conviction is the possibility of mandatory sex offender registration under Florida law.
Individuals required to register must comply with extensive reporting requirements, including regularly updating:
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Residential addresses
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Employment information
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Vehicles
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Electronic identifiers and internet accounts
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Telephone numbers
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Photographs
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Fingerprints
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Travel information and other identifying information required by law
These reporting obligations can continue for years—and often for life—and failure to comply can result in additional felony charges. Registration can also create substantial obstacles when seeking employment, housing, educational opportunities, and professional licenses.
Because the long-term consequences are so significant, avoiding a conviction whenever legally possible is often just as important as avoiding incarceration.
How Prosecutors Build Lewd & Lascivious Battery Cases
Lewd and Lascivious Battery investigations are often lengthy and highly specialized. Law enforcement agencies frequently begin investigating long before an arrest is made, gathering evidence through interviews, forensic examinations, search warrants, subpoenas, and digital evidence.
Depending on the allegations, prosecutors may rely upon:
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Statements made by the alleged victim
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Recorded forensic interviews
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Text messages and social media communications
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Cell phone extractions
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Photographs and videos
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DNA or other forensic evidence
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Medical examinations
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Witness testimony
Many defendants unintentionally damage their own cases by agreeing to speak with investigators before consulting an attorney. Even truthful statements can later be misunderstood, taken out of context, or used to support the prosecution's theory of the case. If you learn that law enforcement wants to interview you regarding allegations of Lewd and Lascivious Battery, you should exercise your constitutional right to remain silent and speak with an attorney before answering any questions.
Potential Defenses to Lewd & Lascivious Battery Charges
Although these allegations are extremely serious, being accused does not mean you will be convicted. Every case must be carefully examined to determine whether the State can actually prove each element of the offense beyond a reasonable doubt.
Depending on the facts of the case, potential defenses may include:
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False allegations or fabricated accusations
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Mistaken identity
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Lack of sufficient evidence
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Challenging whether the alleged conduct satisfies the statutory definition of "sexual activity"
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Inconsistent or unreliable witness statements
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Improper forensic interview techniques
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Constitutional violations during the investigation
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Illegal searches or seizures
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Suppression of unlawfully obtained statements or evidence
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Errors involving digital or forensic evidence
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Failure of the State to prove every required element beyond a reasonable doubt
Because each case presents unique facts, an experienced defense attorney will conduct an independent investigation rather than relying solely on the prosecution's version of events.
Why Early Representation Matters
Sex crime investigations often begin weeks or months before formal charges are filed. During that time, detectives may attempt to obtain recorded interviews, execute search warrants, collect electronic devices, or contact potential witnesses.
Hiring an attorney early may allow important evidence to be preserved, prevent unnecessary communication with investigators, and place the defense in the strongest possible position before charging decisions are made.
Attorney J. Ruffin Hunt is a former Division Chief with the Hillsborough County Public Defender's Office who has dedicated his career exclusively to criminal defense. He has represented clients facing serious felony and sex crime allegations throughout Tampa and Hillsborough County and understands the legal, factual, and strategic issues these highly sensitive cases present. Every client receives a thorough evaluation of the evidence, personalized legal guidance, and an aggressive defense designed to pursue the best possible outcome.
Speak With a Tampa Lewd & Lascivious Battery Attorney Today
An allegation of Lewd and Lascivious Battery can change your life overnight. Your freedom, reputation, career, and future may all be on the line, and the decisions you make during the earliest stages of the case can have a lasting impact on the outcome.
If you have been arrested, charged, or are under investigation for Lewd and Lascivious Battery in Tampa or anywhere in Hillsborough County, contact Hunt Law | Tampa Criminal Defense as soon as possible. We will carefully review the allegations, explain your options, protect your constitutional rights, and build a strategic defense tailored to the facts of your case. A confidential consultation today could be the first step toward protecting your future.
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What Are The Elements Of Lewd & Lascivious Battery?
To prove the crime of Lewd or Lascivious Battery, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) engaged in sexual activity with (victim).
2. At the time, (victim) was 12 years of age or older, but less than 16 years of age.
Give if applicable. § 800.04(1), Fla. Stat.
However, any act done for bona fide medical purposes is not a Lewd or Lascivious Battery.
Give if applicable. § 800.04(8), Fla. Stat.
A mother’s breastfeeding of her baby does not under any circumstance constitute a Lewd or Lascivious Battery.
§ 800.04(3), Fla. Stat.
The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.
Give if applicable.
“Bona fide” means genuine.
§ 800.04(2), Fla. Stat.
Neither (victim’s) lack of chastity nor (victim’s) consent is a defense to the crime charged.
§ 800.04(1), Fla. Stat.
“Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
§ 800.04(1), Fla. Stat.
“Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
§ 800.04(1), Fla. Stat.
“Sexual activity” means the oral, anal, or female genital** penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object.
§ 800.04(1), Fla. Stat.
“Female genitals**” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
Give if applicable. Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013).
“An object” includes a finger.
Phillips v. State, 238 So. 3d 308 (Fla. 4th DCA 2018).
“Union” means contact.
§ 775.0862, Fla. Stat.
Reclassification for sexual offense against student by school authority figure.
If you find that (defendant) committed the crime of Lewd or Lascivious Battery, you must also determine whether the State has proved beyond a reasonable doubt that (defendant) was an authority figure at a school and (victim) was a student at the same school.
“Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
“School” means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla. Stat. for “private school” or “voluntary prekindergarten education program” or “early learning program” or “public school as described in s. 402.3025(1)” or “the Florida School for the Deaf and the Blind” or the “Florida Virtual School” or the “K-8 Virtual School.”
“Student” means a person younger than 18 years of age who is enrolled at a school.
J. Ruffin Hunt
Managing Member
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law | Tampa Criminal Defense, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience defending individuals charged with misdemeanor and felony offenses. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and represents individuals facing serious sex crime allegations, including lewd and lascivious battery charges. These cases can involve significant prison exposure, sex offender registration requirements, and lasting consequences for a person’s reputation, employment, and future. Mr. Hunt understands the importance of carefully examining the allegations, witness statements, digital evidence, forensic evidence, and other circumstances surrounding an accusation. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, he remains committed to protecting the constitutional rights of individuals accused of sex offenses and providing strategic, aggressive representation to clients facing lewd and lascivious battery charges in Tampa and throughout the Tampa Bay area.
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Hunt Law | Tampa Criminal Defense serves clients charged with criminal offenses in Tampa, Brandon, Plant City, Riverview, Ruskin, Lutz, Valrico, Wimauma, Temple Terrace, Seffner, Dover, Thonotosassa, Gibsonton, Sun City Center, Town 'n' Country, Carrollwood, Citrus Park, Westchase, Bloomingdale, University, Progress Village, Lake Magdalene, Egypt Lake-Leto, Greater Northdale, Palm River-Clair Mel, East Lake-Orient Park, Mango, Keystone, Cheval, Balm, Pebble Creek, Apollo Beach, Lithia, Fish Hawk.
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If you've been arrested in Hillsborough County, your case will likely involve several different locations. Understanding where your case begins and where it will proceed can help reduce confusion during an already stressful time.
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Hunt Law | Tampa Criminal Defense has deep roots in Hillsborough County and remains actively involved in the Tampa Bay community through participation in several respected local and professional organizations. The firm is proud to be associated with the Tampa Bay Chamber of Commerce, the South Tampa Chamber of Commerce, and the Ybor City Chamber of Commerce, organizations that play an important role in supporting local businesses, economic development, and community engagement throughout the region. As a Tampa native, attorney J. Ruffin Hunt understands the unique needs of individuals and families in Hillsborough County and is committed to serving the community both inside and outside the courtroom. These local affiliations reflect Hunt Law | Tampa Criminal Defense's ongoing commitment to professionalism, community involvement, and providing trusted criminal defense representation to clients throughout all of Hillsborough County.
Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: Do I need a lawyer if charges haven't been filed yet?
A: It can be beneficial. In many cases, hiring a criminal defense attorney before formal charges are filed can be one of the most important decisions you make. Whether you are under investigation, have been contacted by detectives, or were arrested but are still waiting for the State Attorney's Office to decide whether to file charges, an attorney can protect your rights, communicate with law enforcement on your behalf, and help you avoid making statements that could be used against you. Early legal representation also provides an opportunity to present favorable evidence, identify weaknesses in the allegations, address misunderstandings, and advocate for prosecutors not to file charges or to pursue less serious charges when appropriate. Although no attorney can guarantee a particular outcome, getting experienced legal counsel involved as early as possible often creates opportunities that may no longer exist once formal charges have been filed.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: What happens if I violate probation in Florida?
A: If you are accused of violating probation in Florida, your probation officer may file an affidavit alleging a violation, which can lead to the issuance of a warrant, a warrantless arrest, or a notice to appear in court. At your first court appearance, you can either admit or deny the alleged violation. If you deny it, the court will hold a violation of probation hearing where the State must prove by the greater weight of the evidence that you committed a willful and substantial violation of your probation. If the judge finds that a violation occurred, the court may continue your probation, modify its conditions, or revoke it entirely. Revocation can result in a conviction if adjudication was previously withheld and may expose you to the maximum sentence available for the original offense. Because probation violation cases involve different procedures and a lower burden of proof than a criminal trial, it is important to speak with an experienced criminal defense attorney as soon as possible to evaluate potential defenses and protect your rights.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.