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STATE v. DEBAUN

No. 3D11-3094.

129 So.3d 1089 (2013)

The STATE of Florida, Appellant, v. Gary G. DEBAUN, Appellee.

District Court of Appeal of Florida, Third District.

October 30, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Joanne Diez , Assistant Attorney General, for appellant.

Alan Eckstein , Key West, for appellee.

Before SHEPHERD C.J., and WELLS and LAGOA, JJ.

WELLS, Judge.

The State of Florida appeals from an order interpreting the term "sexual intercourse" as used in section 384.24(2) of the Florida Statutes (2011) as meaning only contact between the genitals of a man and a woman and dismissing the charges against the appellee, Gary G. Debaun, for having uninformed HIV1 infected sexual intercourse with another man. Because we find that the term "sexual intercourse" as used in this provision...

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