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STATE v. J.A.S.

Nos. 95-2261, 95-2439.

686 So.2d 1366 (1997)

STATE of Florida, Appellant, v. J.A.S., a Child, and J.L.R., a Child, Appellees.

District Court of Appeal of Florida, Fifth District.

January 3, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant.

James. B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellees.

PETERSON, Chief Judge.

The State of Florida appeals the dismissal of charges of statutory rape against two 15-year-old boys who engaged in "consensual" sex with two 12-year-old girls. The trial court dismissed the charges finding that section 800.04, Florida Statutes (1993)1, was unconstitutional as applied to the youths because it violated their right to privacy and equal protection under the law. Additionally, the trial court observed...

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