L.A.P., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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L.A.P. was convicted under Florida's HIV transmission statute for engaging in oral sex and digital penetration without disclosing her HIV-positive status. The appellate court reversed her conviction, holding that the statute's plain language limits its application to penile-vaginal intercourse, not other sexual acts.
The statute does not apply to L.A.P.'s conduct because section 384.24(2) requires sexual intercourse, which courts have consistently defined as penile-vaginal penetration. The statute's plain language is unambiguous and limits criminal liability to that specific conduct.
[1] Statutory interpretation is subject to de novo review.
[2] Legislative intent is determined primarily from the text of a statute.
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Join FLexlaw to unlock all legal intelligence“Because section 384.24(2) requires sexual intercourse, we agree with L.A.P. that the statute does not apply to her actions and we are compelled to reverse her conviction.”
Statement of the court's holding on the central issue of statutory interpretation.
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Join FLexlaw to unlock all legal intelligenceL.A.P., who knew she was HIV positive, engaged in oral sex and digital penetration of the victim's vagina without informing the victim of her HIV-posi…
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L.A.P. challenges her judgment and sentence for violating section 384.24(2), Florida Statutes (2008), which makes it a third-degree felony for any person with knowledge that she is infected with HIV to have sexual intercourse with another person without informing the other person of her status as HIV positive. Following the denial of her motion to dismiss, L.A.P. pleaded to the charge but expressly reserved *694the right to appeal the denial of her dis-positive motion to dismiss.
We must determine whether the trial court erred in denying L.A.P.’s motion to dismiss the charge on the basis that L.A.P.’s actions — engaging in oral sex and digital penetration of the vagina without informing her partner of her HIV positive status — violated section 384.24(2).1 Because section 384.24(2) requires sexual intercourse, we agree with L.A.P. that the statute does not apply to her actions and we are compelled to reverse her conviction.
“Questions of statutory interpretation are subject to de novo review.” Mendenhall v. State, 48 So.3d 740, 747 (Fla.2010). “As with any case of statutory construction, we begin with the ‘actual language used in the statute.’” Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 198 (Fla.2007) (quoting Borden v. East-European Ins. Co., 921 So.2d 587, 595 (Fla. 2006)). “This is because legislative intent is determined primarily from the statute’s text.” Id. (citing Maggio v. Fla. Dep't of Labor & Emp’t Sec., 899 So.2d 1074, 1076-77 (Fla.2005)).
[W]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning ... the statute must be given its plain and obvious meaning. Further, we are without power to construe an unambiguous statute in a way which would extend, modify, or limit, its express terms or its reasonable and obvious implications. To do so would be an abrogation of legislative power.
Velez v. Miami-Dade Cnty. Police Dep’t, 934 So.2d 1162, 1164-65 (Fla.2006) (citations omitted) (internal quotation marks omitted). We presume that the legislature knows the meaning of the words it uses and intends to employ those meanings in the statute. Overstreet v. State, 629 So.2d 125, 126 (Fla.1993).
There is no dispute that L.A.P. is HIV positive and that she failed to inform the victim of her status. Therefore, our resolution of this case hinges only on whether L.A.P. engaged in sexual intercourse. L.A.P. argues that sexual intercourse is an unambiguous phrase which must be given its plain meaning in the absence of a definition in chapter 384. We agree.
“[W]here a statute does not specifically define words of common usage, such words are construed in their plain and ordinary sense.” State v. Brake, 796 So.2d 522, 528 (Fla.2001) (citing State v. Mitro, 700 So.2d 643, 645 (Fla.1997)). Further, “[i]n the absence of a statutory definition, it is permissible to look to case law or related statutory provisions that define the term.” Id. (citing State v. Fuchs, 769 So.2d 1006, 1009 (Fla.2000)).
The only Florida statute that defines sexual intercourse is the incest statute, section 826.04, Florida Statutes (2008). It defines sexual intercourse as “the penetration of the female sex organ by the male sex organ.... ” § 826.04. Other statutes include the phrase sexual intercourse within definitions. See § 827.071(l)(a), Fla. Stat. (2008) (defining “deviate sexual intercourse”).
Importantly, this court has previously defined sexual intercourse as an act where *695“a male’s penis is placed inside the female’s vagina.” Green v. State, 765 So.2d 910, 913 (Fla. 2d DCA 2000). Other Florida courts have also defined the phrase. See State v. Bowden, 154 Fla. 511, 18 So.2d 478, 480 (1944) (concluding that “penetration of the female private parts by the private male organ” is an essential element of “carnal intercourse with an unmarried female of previous chaste character under the age of eighteen years”); Williams v. State, 92 Fla. 125, 109 So. 305, 306 (1926) (“ ‘Sexual intercourse means actual contact of the sexual organs of a man and woman and an actual penetration into the body of the latter.’ ” (citation omitted)); Lanier v. State, 443 So.2d 178, 183 (Fla. 3d DCA 1983) (defining sexual intercourse as “ ‘actual contact of the sexual organs’ of two persons and penetration of the body of another” (quoting Williams v. State, 109 So. at 306)), overruled on other grounds by State v. Lanier, 464 So.2d 1192 (Fla.1985).
The meaning of sexual intercourse within section 384.24(2) is clear and unambiguous. Courts should apply a literal interpretation of the language of a statute unless “to do so would lead to an unreasonable or ridiculous conclusion.” Holly v. Auld, 450 So.2d 217, 219 (Fla. 1984). The result here is neither unreasonable nor ridiculous; it is merely an application of the statutory language to LAJP.’s actions. Thus, “there is no occasion for resorting to the rules of statutory interpretation and construction[,]” including consideration of the legislative history of the statute. Id. (quoting A.R. Douglass, Inc. v. McRainey, 102 Fla. 1141, 137 So. 157, 159 (1931)). However, even were we to do so, the result would remain the same. See Maddox v. State, 923 So.2d 442, 446 (Fla.2006).
“Since the [legislature specifically used words of distinct and clear meaning ..., the courts ‘may not invade the province of the legislature and add words which change the plain meaning of the statute.’ ” Lanier, 443 So.2d at 183 (quoting Metro. Dade Cnty. v. Bridges, 402 So.2d 411, 414 (Fla.1981)). The legislature limited the application of section 384.24(2) to specific conduct. This court is bound to apply the statutory language and cannot “depart from the plain meaning of the language which is free from ambiguity.” Maddox, 923 So.2d at 449-50 (quoting St. Petersburg Bank & Trust Co. v. Hamm, 414 So.2d 1071, 1073 (Fla.1982)). The legislature may, of course, amend the statute to broaden its application. See, e.g., § 796.08(4), Fla. Stat. (2008); § 827.071(l)(g).
Accordingly, we reverse L.A.P.’s conviction and remand with directions that the trial court discharge her.
CASANUEVA, C.J., and LaROSE, J., Concur.
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Debaun v. State, 213 So. 3d 747 (Fla. 2017)…sed in section 384.24(2), Florida Statutes (2011), encompasses conduct beyond penile-vaginal intercourse, including oral and anal intercourse between two men. The Third District certified that its decision is in direct conflict with L.A.P. v. State, 62 So. 3d 693, 694-95 (Fla. 2d DCA 2011), in which the Second District held that the term “sexual intercourse” as used in section 384.24(2) applies only to “the penetration of the female sex organ by the male sex organ.” We have jurisdiction. See art. V, § 3(b)(…
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State v. D.C., 114 So. 3d 440 (Fla. 5th DCA 2013)…eing limited to heterosexual vaginal sex runs counter to the Legislature’s intent to efficiently and effectively reduce the incidence of sexually transmitted diseases in Florida. In dismissing the information, the trial court cited L.A.P. v. State, 62 So. 3d 693 (Fla. 2d DCA 2011). In that case, the defendant contended that section 384.24(2) requires proof of sexual intercourse between a man and a woman, and thus, the statute did not apply to the homosexual sex acts she was charged with committing. The Seco…
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Delgado-George v. State, 125 So. 3d 1031 (Fla. 2d DCA 2013)…vided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. As this court observed in L.A.P. v. State, the starting point in any analysis of legislative intent is the statutory language itself. 62 So. 3d 693, 694 (Fla. 2d DCA 2011). Furthermore, a presumption exists that the legislature understands the meaning of the words it uses and intends those meanings to apply in the statute. Id. (citing Overstreet v. State, 629 So. 2d 125, 126 (Fla.1993)). “[W]il…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (21 total)
- Eugene Holly, M.D. v. Albert W. Auld, M.D., 450 So. 2d 217 (Fla. 1984)
- A. R. Douglass, Inc. v. McRainey, 102 Fla. 1141 (Fla. 1931)
- Abbey v. Abbey, 102 Fla. 1141 (Fla. 1931)
- Borden v. East-European Ins. Co., 921 So. 2d 587 (Fla. 2006)
- Heart OF Adoptions, Inc. v. J.A., 963 So. 2d 189 (Fla. 2007)
- ST. Petersburg Bank & Tr. Co. v. Hamm, 414 So. 2d 1071 (Fla. 1982)
- State v. Rubin Bowden, 154 Fla. 511 (Fla. 1944)
- Overstreet v. State, 629 So. 2d 125 (Fla. 1993)
- State v. Mitro, 700 So. 2d 643 (Fla. 1997)
- Maddox v. State, 923 So. 2d 442 (Fla. 2006)