STATE OF FLORIDA, APPELLANT,
v.
D.C., APPELLEE

Fla. 5th DCA | 2013-05-31
No. 5D11-3311
GRIFFIN and LAWSON, JJ„ concur.
114 So. 3d 440 Florida District Court of Appeal, Fifth District (2013) Positive Treatment
Cited by 17 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The State appealed the dismissal of a charge under Florida's HIV transmission statute, arguing that the term "sexual intercourse" in section 384.24(2) includes oral and anal sex, not just heterosexual vaginal intercourse. The Fifth District reversed the dismissal, holding that the plain and ordinary meaning of "sexual intercourse" encompasses vaginal, anal, and oral intercourse regardless of the gender of the parties involved.


Holding

The court held that the plain and ordinary meaning of "sexual intercourse" as used in section 384.24(2) includes vaginal, anal, and oral intercourse between persons, regardless of their gender. The statute is not limited to heterosexual vaginal intercourse, and therefore applies to the defendant's alleged homosexual conduct.


Headnotes

[1] The plain and ordinary meaning of "sexual intercourse" as used in Florida Statutes section 384.24(2) includes vaginal, anal, and oral intercourse between persons, regardl…

[2] When statutory language is clear and unambiguous, it must be given its plain and obvious meaning without resort to rules of statutory interpretation.

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Key Quotes

“sexual intercourse, as that term is used in section 384.24(2), takes place only when the female sex organ is penetrated by the male sex organ”

Statement of defendant's argument that the statute applied only to heterosexual vaginal intercourse

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Facts & Procedural History

D.C. was charged with unlawful sexual intercourse by a person knowingly infected with HIV under sections 384.24(2) and 384.34(5), Florida Statutes. Th…

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Opinion of the Court
PALMER, J.

PALMER, J.

The State appeals the trial court’s order dismissing the information filed against D.C. (defendant). Determining that the information sufficiently alleges unlawful *441sexual intercourse by a person knowingly infected with the human immunodeficiency virus (HIV), we reverse.

The defendant was charged with one count of unlawful sexual intercourse by a person knowingly infected with HIV, as prohibited by sections 384.24(2) and 384.34(5), Florida Statutes (2008). The defendant filed a motion to dismiss the information, contending that sexual intercourse, as that term is used in section 384.24(2), takes place only when the female sex organ is penetrated by the male sex organ and, therefore, the statute did not apply to the defendant’s alleged conduct, which involved homosexual oral and anal sex. After considering the argument of counsel, the trial court granted the motion and entered a dismissal order.

The State contends that dismissal was not warranted in this case. We agree.

The defendant was charged with violating section 384.24(2), which reads:

384.24. Unlawful acts
(2) It is unlawful for any person who has human immunodeficiency virus infection, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.

(Emphasis added.) The only question raised in this appeal is what the term sexual intercourse means as used in this statute, since the term is not defined in the statute or anywhere else in chapter 384. Both parties maintain that the Legislature’s intent concerning the meaning of the term sexual intercourse is clear from the unambiguous language of the statute and that the statute must be given its plain and obvious meaning.1

Legislative intent is the polestar that guides statutory interpretation. Bautista v. State, 863 So.2d 1180, 1185 (Fla.2003). To discern legislative intent, courts first look to the language of the statute, because legislative intent is determined primarily from the statute’s text. Anderson v. State, 87 So.3d 774, 777 (Fla.2012).

If statutory language is “clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning.” Holly v. Auld, 450 So.2d 217, 219 (Fla.1984) (quoting A.R. Douglass, Inc. v. McRainey, 102 Fla. 1141, 137 So. 157, 159 (1931)).

Diamond Aircraft Indus., Inc. v. Horowitch, 107 So.3d 362, 367 (Fla.2013). See *442 also Paul v. State, 112 So.3d 1188, 2013 WL 1457839 (Fla. Apr. 11, 2013); Hickman v. Milsap, 106 So.3d 513 (Fla. 5th DCA 2013). Courts may determine the plain and obvious meaning of a statute’s text by referring to dictionaries. W. Fla. Reg’l. Med. Ctr., Inc. v. See, 79 So.3d 1, 9 (Fla.2012); see State v. Mitro, 700 So.2d 643, 645 (Fla.1997); Green v. State, 604 So.2d 471, 473 (Fla.1992).

Webster’s Third New International Dictionary defines sexual intercourse as including heterosexual vaginal intercourse as well as “intercourse involving genital contact between individuals other than penetration of the vagina by the penis.” Webster’s Third New International Dictionary Unabridged 2082 (1976). Similarly, Merriam-Webster’s Collegiate Dictionary defines sexual intercourse as including vaginal intercourse and “intercourse (as anal or oral intercourse) that does not involve penetration of the vagina by the penis.” Merriam-Webster’s Collegiate Dictionary 1141 (11th ed. 2012). The American Heritage Dictionary defines sexual intercourse as including “sexual activity that includes insertion of the penis into the anus or mouth.” The American Heritage Dictionary of the English Language 1606 (5th ed. 2011). The World Book Dictionary defines the term as “the uniting or joining of sexual organs.” World Book Dictionary 1909 (2011). Notably, our research did not disclose any dictionary definition that limited sexual intercourse to heterosexual vaginal intercourse, and the additional online dictionaries cited by the defendant do not so limit the definition. See http://lexic.us/definition-of/sexual_ intercourse (defining sexual intercourse as sexual interaction, usually involving genital and/or anal and/or oral penetration, between at least two organisms); http:// dictionary.reference.com/browse/sexual-l-intercourse (defining sexual intercourse as including vaginal intercourse and sexual union between humans involving genital contact other then vaginal penetration by the penis). As such, we conclude that the plain and ordinary meaning of the term sexual intercourse, as used in section 384.24(2), includes vaginal, anal, and oral intercourse between persons, regardless of their gender.

In so ruling, we reject the defendant’s contention that the statute’s plain and ordinary meaning is limited to heterosexual vaginal intercourse. Such an interpretation would lead to “a result clearly contrary to legislative intent.” State v. Burns, 875 So.2d 408, 410 (Fla.2004).

In Deason v. Florida Department of Corrections, 705 So.2d 1374, 1375 (Fla.1998), our Supreme Court explained that

the primary and overriding consideration in statutory interpretation is that a statute should be construed and applied so as to give effect to the evident intent of the legislature regardless of whether such construction varies from the statute’s literal meaning. In other words, criminal statutes are not to be so strictly construed as to emasculate the statute and defeat the obvious intention of the legislature.

Section 384.24(2) falls within chapter 384, which is entitled the Control of Sexually Transmissible Disease Act. § 384.21, Fla. Stat. (2008). Section 384.22 sets forth the Legislature’s intent in enacting chapter 384:

384.22. Findings; intent
The Legislature finds and declares that sexually transmissible diseases constitute a serious and sometimes fatal threat to the public and individual health and welfare of the people of the state and to visitors to the state. The Legislature finds that the incidence of sexually transmissible diseases is rising at an *443alarming rate and that these diseases result in significant social, health, and economic costs, including infant and maternal mortality, temporary and lifelong disability, and premature death.... The Legislature finds that medical knowledge and information about sexually transmissible diseases are rapidly changing. The Legislature intends to provide a program that is sufficiently flexible to meet emerging needs, deals efficiently and effectively with reducing the incidence of sexually transmissible diseases, and provides patients with a secure knowledge that information they provide will remain private and confidential.

Thus, the Legislature stated that its purpose in enacting chapter 384 was to establish a flexible framework within which State officials can address the rapidly changing medical knowledge about sexually transmissible diseases, in an effort to efficiently and effectively reduce the incidence of such diseases in Florida.

The portion of the Act at issue here, section 384.24(2), addresses the transmission of HIV through sexual contact. The Centers for Disease Control and Prevention explains that HIV can be transmitted through anal, vaginal, and to a lesser degree, oral sex:

In the United States, HIV is most commonly transmitted through specific sexual behaviors (anal or vaginal sex) or sharing needles with an infected person. It is less common for HIV to be transmitted through oral sex or for an HIV-infected woman to pass the virus to her baby before or during childbirth or after birth through breastfeeding or by pre-chewing food for her infant.

http://www.cdc.gov/hiv/resources/qa/ transmission.htm. See also www.aids.org/ topics/aids-faqs/how-is-hiv-transmitted; http://www.mayoclinic.com/health/hiv-aids/ DS00005/DSECTION=causes. Thus, the defendant’s interpretation of the statute as being 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 Second District agreed and reversed her judgment and sentence. We disagree with the conclusion reached by the Second District and certify conflict with L.A.P. 2

Accordingly, the trial court’s dismissal order is reversed, and this matter is remanded for further proceedings.

REVERSED and REMANDED; CONFLICT CERTIFIED.

GRIFFIN and LAWSON, JJ„ concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Debaun v. State, 213 So. 3d 747 (Fla. 2017)
    …n of the vagina without informing her partner of her HIV positive status.” Id. at 694-95. During the pendency of Debaun’s appeal, the Fifth District also considered the scope of the term “sexual intercourse” in section 384.24(2). See State v. D.C., 114 So. 3d 440 (Fla. 5th DCA), review dismissed, 123 So. 3d 557 (Fla. 2013) (table). Like Debaun, the defendant in D.C. was charged with violating section 384.24(2) after engaging in oral and anal intercourse with another man without first disclosing that he was H…
  • MacChione v. State, 123 So. 3d 114 (Fla. 5th DCA 2013)
    …of plain words.” United States v. Brown, 206 U.S. 240, 244, 42 Ct.Cl. 534, 27 S.Ct. 620, 51 L.Ed. 1046 (1907). A dictionary may be utilized as an aid to understanding the ordinary meaning of statutory terms. Paul, 112 So. 3d at 1195; State v. D.C., 114 So. 3d 440, 442 (Fla. 5th DCA 2013). Black’s Law Dictionary defines "letter” in pertinent part as "[a] written communication that is usu. enclosed in an envelope, sealed, stamped, and delivered (esp., an official written communication).” Black's Law Dictionar…
  • State v. Debaun, 129 So. 3d 1089 (Fla. 3d DCA 2013)
    …Florida completed this process with a comprehensive amendment to the Florida Statutes in 1995 and 1997. See Chs. 95-147-.148, Laws of Fla. (1995); Chs. 97-102-.103, Laws of Fla. (1997).11 Second, except for the recently issued case, State v. D.C., 114 So. 3d 440 (Fla. 5th DCA 2013), the case law both before and after the 1986 reorganization and restatement of Chapter 384 defined the phrase “sexual intercourse” as the act of placing a male’s penis inside a female’s vagina. See State v. Bowden, 154 Fla. 511,…
    1 / 2

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