Legal Opinion

State v. Debaun

District Court of Appeal of Florida

Decided October 30, 2013No. 3D11-3094PublishedCited by 4 opinions

1Opinion of the Court

WELLS, Judge.

The State of Florida appeals from an order interpreting the term “sexual intercourse” as used in section 384.24(2) of the Florida Statutes (2011) as meaning only contact between the genitals of a man and a woman and dismissing the charges against the appellee, Gary G. Debaun, for having uninformed HIV1 infected sexual intercourse with another man. Because we find that the term “sexual intercourse” as used in this provision applies to other behavior, including that between two men, we reverse.

Early in 2011, before entering into a sexual relationship with Debaun, C.M. asked that…

2Cases cited19 opinions

  1. Forsythe v. Longboat Key Beach ErosionSupreme Court of Florida · 1992
  2. E.A.R. v. StateSupreme Court of Florida · 2009
  3. State v. BurrisSupreme Court of Florida · 2004
  4. FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLCSupreme Court of Florida · 2008
  5. State v. IacovoneSupreme Court of Florida · 1995

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3Cited by4 opinions

  1. Gary G. Debaun v. State of FloridaSupreme Court of Florida · 2017
  2. Ryan & Jessica Dominguez v. Hayward IndustriesDistrict Court of Appeal of Florida · 2015
  3. State v. EspinozaDistrict Court of Appeal of Florida · 2019
  4. State v. EspinozaDistrict Court of Appeal of Florida · 2019

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