Casado v. State

Supreme Court of Florida

Casado v. State

648 So. 2d 714, 20 Fla. L. Weekly Supp. 33, 1995 Fla. LEXIS 14, 1995 WL 8968

CourtSupreme Court of Florida

DecidedJanuary 12, 1995

DocketNo. 83627

StatusPublished

This text of 648 So. 2d 714 (Casado v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casado v. State, 648 So. 2d 714, 20 Fla. L. Weekly Supp. 33, 1995 Fla. LEXIS 14, 1995 WL 8968 (Fla. 1995).

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Opinion

WELLS, Judge.

We have for review a district court decision presenting the following question certified to be of great public importance:

WHETHER THE CONSTITUTIONAL RIGHT TO PRIVACY RENDERS UNCONSTITUTIONAL THOSE PORTIONS OF SECTIONS 800.04 AND 794.041 PROVIDING THAT CONSENT IS NOT A DEFENSE TO A PROSECUTION FOR SEXUAL ACTIVITY WITH A MINOR UNDER THE AGE OF 16.

Casado v. State, 634 So.2d 830 (Fla. 5th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In accordance with our decision in Jones v. State, 640 So.2d 1084 (Fla.1994), we answer the certified question in the negative and approve the district court’s decision upholding the constitutionality of sections 794.041(2)(b)¹ and 800.04, Florida Statutes (1991). We note that the reasoning in Jones, in which we specifically upheld the constitutionality of section 800.04, applies equally to section 794.041.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur.

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WELLS, Judge.

We have for review a district court decision presenting the following question certified to be of great public importance:

WHETHER THE CONSTITUTIONAL RIGHT TO PRIVACY RENDERS UNCONSTITUTIONAL THOSE PORTIONS OF SECTIONS 800.04 AND 794.041 PROVIDING THAT CONSENT IS NOT A DEFENSE TO A PROSECUTION FOR SEXUAL ACTIVITY WITH A MINOR UNDER THE AGE OF 16.

Casado v. State, 634 So.2d 830 (Fla. 5th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In accordance with our decision in Jones v. State, 640 So.2d 1084 (Fla.1994), we answer the certified question in the negative and approve the district court’s decision upholding the constitutionality of sections 794.041(2)(b)¹ and 800.04, Florida Statutes (1991). We note that the reasoning in Jones, in which we specifically upheld the constitutionality of section 800.04, applies equally to section 794.041.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur.

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Bluebook (online)

648 So. 2d 714, 20 Fla. L. Weekly Supp. 33, 1995 Fla. LEXIS 14, 1995 WL 8968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casado-v-state-fla-1995.

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