WILLIE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*831] THOMPSON, Judge.
Willie Johnson entered a plea of nolo con-tendere to the offense of committing a lewd, lascivious or indecent assault on a child under the age of 16, without committing a sexual battery.1 Johnson was adjudicated guilty and was placed into one year’s community control, to be followed by one year on probation. This sentence was a downward departure that had been agreed to by the state and defense. Johnson entered a plea of nolo contendere to appeal the constitutionality of the statute. We affirm his conviction and sentence. This court has previously upheld the constitutionality of section 800.04. We again certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So. 2d 418 (Fla. 5th DCA), rev. granted, 629 So. 2d 133 (Fla.1993), namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.04 which provides that consent is not a defense to a prosecution for sexual activity with a minor under the age of sixteen.
AFFIRMED.
HARRIS, C.J., and GOSHORN, J., concur. . § 800.04(3), Fla.Stat. (1991).
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Jory v. State, 647 So. 2d 152 (Fla. 5th DCA 1994)…in s. 775.082, s. 775.083, or s. 775.084. . See Jones v. State and State v. Rodriquez and Williams v. State, 619 So. 2d 418 (Fla. 5th DCA 1993), approved, Jones v. State, and Rodriguez v. State, 640 So. 2d 1084 (Fla.1994). See also Casado v. State, 634 So. 2d 830 (Fla. 5th DCA 1994). . § 921.001(5), Fla.Stat. (1987); State v. Nathan, 632 So. 2d 127 (Fla. 1st DCA 1994); Finkelstein v. State, 582 So. 2d 1260 (Fla. 4th DCA 1991); Williams v. State, 531 So. 2d 212 (Fla. 1st DCA 1988). . Whitehead v. State, 498…
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Crum v. State, 640 So. 2d 1187 (Fla. 2d DCA 1994)…PER CURIAM. Affirmed. See Jones v. State, 640 So. 2d 1084 (Fla.1994); Casado v. State, 634 So. 2d 830 (Fia. 5th DCA 1994). THREADGILL, A.C.J., and PATTERSON and FULMER, JJ., concur.…
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Casado v. State, 648 So. 2d 714 (Fla. 1995)…nce: 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 upho…
Authorities Cited
- Quarry Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993)