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D.M. v. State

District Court of Appeal of Florida, Fifth District
Jun 19, 1998
712 So. 2d 1204 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3221

Opinion filed June 19, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for Orange County, Bob Wattles, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


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.


Summaries of

D.M. v. State

District Court of Appeal of Florida, Fifth District
Jun 19, 1998
712 So. 2d 1204 (Fla. Dist. Ct. App. 1998)
Case details for

D.M. v. State

Case Details

Full title:D.M., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 19, 1998

Citations

712 So. 2d 1204 (Fla. Dist. Ct. App. 1998)

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