STATE OF FLORIDA, APPELLANT,
v.
JUAN SANCHEZ, APPELLEE
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Florida's sexual battery statute criminalizing sexual intercourse with children under 16 is constitutional even with the child's consent, and the trial court's dismissal based on unconstitutionality was error requiring reversal.
A sexual battery statute prohibiting sexual intercourse with children under 16 is constitutional regardless of the child's consent.
[1] A child's consent is not a valid defense to a sexual battery charge under Florida law when the victim is under 16 years of age.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After this court ruled in Jones this trial judge and all judges within this district must follow the ruling.”
The court explaining the binding effect of its prior decision in Jones v. State on all lower courts in the district.
The appellee was charged with sexual battery under Florida law for having sexual intercourse with a child under 16 years old. The trial judge dismisse…
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DAUKSCH, Judge.
This is an appeal from an order dismissing charges against appellee. The trial judge determined that the sexual battery statute applied against this appellee1 was unconstitutional because the child with whom appellee had sexual intercourse consented to it. The order dismissing the information was entered after this court’s decision in Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993), affirmed, 640 So. 2d 1084 (Fla.1994), and thus was error, and perhaps in defiance of a superior court ruling. After this court ruled in Jones this trial judge and all judges within this district must follow the ruling. Carr v. Carr, 569 So. 2d 903 (Fla. 4th DCA 1990). Judges of other districts must also follow the ruling unless a contrary ruling has issued from their district court. Pardo v. State, 596 So. 2d 665, 667 (Fla.1992); Dean v. Dean, 607 So. 2d 494, 499 n. 6 (Fla. 4th DCA 1992), rev. dismissed, 618 So. 2d 208 (Fla.1993). Because now the supreme court has affirmed the ruling of this court all courts must abide by the decision.
The order is quashed and this cause remanded for trial.
HARRIS, C.J., and THOMPSON, J., concur. . § 800.04(3), Fla.Stat. (1993):
A person who: ...
(3) Commits an act defined as sexual battery under s. 794.01 l(l)(h) upon any child under the age of 16 years.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pardo v. State, 596 So. 2d 665 (Fla. 1992)
- Quarry Jones v. State, 640 So. 2d 1084 (Fla. 1994)
- Quarry Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993)
- Dean v. Dean, 607 So. 2d 494 (Fla. 4th DCA 1992)
- Carr v. Carr, 569 So. 2d 903 (Fla. 4th DCA 1990)