Legal Opinion

D.M. v. State

District Court of Appeal of Florida

Decided June 19, 1998No. 97-3221PublishedCited by 4 opinions

1Per curiam

Sec. 796.07(2)(f) makes it unlawful “... to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” Appellant’s contention is that a charge of enticing to lewdness is not a crime under the statute where there is no proof of prostitution. We disagree. The word “or” is generally construed in the disjunctive when used in a statute or rule, and normally means that alternatives were intended. Sparkman v. McClure, 498 So.2d 892, 895 (Fla.1986). The statute in question makes it a crime to entice another to any of the prohibited acts.

AFFIRMED.

GRIFFIN, C. J.,…

2Cases cited1 opinion

  1. Sparkman v. McClureSupreme Court of Florida · 1986

3Cited by4 opinions

  1. Chase v. Walgreen Co.District Court of Appeal of Florida · 1999
  2. Reinstein v. Pediatric Gastroenterology, Hepatology & Nutrition of Florida, P.A.District Court of Appeal of Florida · 2009
  3. Ago, Florida Attorney General Reports2000
  4. DM v. StateDistrict Court of Appeal of Florida · 1998

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API