Florida District Courts of Appeal, 1998

D.M. v. State

Florida District Courts of Appeal · Decided June 19, 1998 · Antoon, Griffin, Orfinger

712 So. 2d 1204; 1998 Fla. App. LEXIS 7451 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Reinstein v. Pediatric Gastroenterology, Hepatology & Nutrition of Florida, P.A. (Fla. Dist. Ct. App. 2009)
Chase v. Walgreen Co. (Fla. Dist. Ct. App. 1999)
DM v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Sec. 796.07(2)(f) makes it unlawful “... to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” Appellant’s contention is that a charge of enticing to lewdness is not a crime under the statute where there is no proof of prostitution. We disagree. The word “or” is generally construed in the disjunctive when used in a statute or rule, and normally means that alternatives were intended. Sparkman v. McClure, 498 So.2d 892, 895 (Fla. 1986). The statute in question makes it a crime to entice another to any of the prohibited acts.

AFFIRMED.

GRIFFIN, C. J., ANTOON, J. and ORFINGER, M., Senior Judge, concur.

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