D.M. v. State

712 So. 2d 1204, 1998 Fla. App. LEXIS 7451
District Court of Appeal of Florida·Decided June 19, 1998·No. No. 97-3221·Published·Cited by 4 cases

Opinion

PER 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., ANTOON, J. and ORFINGER, M., Senior Judge, concur.

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D.M. v. State, 712 So. 2d 1204, 1998 Fla. App. LEXIS 7451 (Fla. Ct. App. 1998).

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