The Eleventh Circuit has determined that a Florida conviction under the 2008 version of the state’s lewd lascivious battery statute is a sexual abuse of a minor aggravated felony. “The least culpable conduct under § 800.04(4) is consensual sexual activity between adolescents who are 12 to 15 years old, with no minimum age required for the perpetrator. The statute therefore sweeps more broadly than the generic federal definition of ‘sexual abuse of a minor,’ which in the statutory rape context before us requires an age difference of at least one year between the perpetrator and the victim.”
The full text of Leger v. Attorney General can be found here:
https://media.ca11.uscourts.gov/opinions/pub/files/202210971.pdf