State v. Stalvey

The state appeals the sentence Amanda Stalvey received in the wake of her conviction for lewd and lascivious conduct with a fourteen year-old boy in violation of section 800.04(4), Florida Statutes (1997). *969The state contends, as a matter of law, a minor cannot be a “willing participant” in such a crime. See State v. Harrell, 691 So.2d 46 (Fla. 2d DCA 1997); State v. Scaife, 676 So.2d 1035 (Fla. 5th DCA 1996); State v. Smith, 668 So.2d 639 (Fla. 5th DCA 1996). We agree and reverse.

In State v. Rife, the Fifth District relied on section 921.0016(4)(f), Florida Statutes (1995) (allowing downward…