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Posts tagged "Rule of Lenity"

Florida Supreme Court Clarifies Definition of "Sexual Intercourse" In Criminal HIV Case

In Florida, it is a crime for anyone infected with the human immunodeficiency virus to have sexual intercourse with another person unless they first disclose the infection and obtain that person's consent. HIV can spread through a range of sexual activities. Until recently, however, some Florida courts used a very limited definition of "sexual intercourse" that only applied to heterosexual encounters that involve contact between male and female sexual organs. A recent decision by the Florida Supreme Court-Debaun v. State-clarified the definition so that it now applies to all types of sexual encounters.

Florida Supreme Court Rules that Placing Files in a Shared Folder of a File-Sharing Program Constitutes "Transmission" under Florida Child Pornography Law

In an opinion written by Justice Canady rendered last week, the Florida Supreme Court held that making a file accessible to others in a file-sharing program constitutes "transmission" under Florida's child pornography laws. The crime in question is codified in Section 847.0137, which makes it a third degree felony for any person "who knew or reasonably should have known that he or she was transmitting child pornography" to another person. 

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