Supreme Court of Florida

Gary G. Debaun, Petitioner v. State of Florida, Respondent

March 16, 201742 Fla. L. Weekly Supp. 322

Summary

The Court held that “sexual intercourse” in section 384.24(2), Florida Statutes, includes oral and anal intercourse as well as penile-vaginal intercourse. It reasoned that this is the term’s plain and ordinary meaning and that applying a broader definition furthers the legislative purpose of reducing HIV transmission, while a narrow definition would produce an unreasonable result. The Court approved the Third District’s decision and disapproved the conflicting Second District decision.