B.B. v. State

WELLS, Justice.

We have for review a decision of the Second District Court of Appeal, State v. B.B., 637 So.2d 936 (Fla. 2d DCA 1994), which certified the following question to be of great public importance:

Whether Florida’s privacy amendment, Article I, Section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional as it pertains to a minor’s consensual sexual activity?

Id. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the affirmative as it is applicable to this prosecution of B.B., who was a minor of sixteen…