Gary G. Debaun v. State of Florida

Summary

The Supreme Court of Florida held that the term "sexual intercourse" in section 384.24(2), Florida Statutes, is not limited to heterosexual penile-vaginal intercourse. The court concluded that the statute encompasses oral and anal intercourse because that interpretation accords with the statute's plain meaning and legislative purpose of preventing the spread of HIV and other sexually transmissible diseases. The court approved the Third District's decision in Debaun and disapproved the conflicting decision in L.A.P.

Holdings

1. The term "sexual intercourse" in section 384.24(2) encompasses conduct beyond heterosexual penile-vaginal intercourse, including oral and anal intercourse.
2. The rule of lenity does not require limiting "sexual intercourse" in section 384.24(2) to penile-vaginal intercourse because the term unambiguously includes the oral and anal conduct at issue in this statutory context.

Questions Presented

1. Whether the term "sexual intercourse" in section 384.24(2), Florida Statutes (2011), is limited to heterosexual penile-vaginal intercourse.
2. Whether the rule of lenity requires adopting the narrower definition of "sexual intercourse" urged by Debaun.

Disposition

approved