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STATE v. B.B.

No. 93-02903.

637 So.2d 936 (1994)

STATE of Florida, Appellant, v. B.B., a Child, Appellee.

District Court of Appeal of Florida, Second District.

May 6, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellant.

Robert E. Jagger, Public Defender, and Stephen L. Romine, Asst. Public Defender, Clearwater, for appellee.

PATTERSON, Judge.

The state challenges the trial court's order which declares section 794.05, Florida Statutes (1991), unconstitutional and which dismisses the petition against the appellee. Section 794.05 prohibits any person from having unlawful carnal intercourse with an unmarried person, of previous chaste character, who is under eighteen years old. The state argues that minors do not have the right to engage in consensual sexual intercourse under Florida's privacy...

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