D.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.M., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
712 So. 2d 1204
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Sec. 796.07(2)(f) makes it unlawful “... to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” Appellant’s contention is that a charge of enticing to lewdness is not a crime under the statute where there is no proof of prostitution. We disagree. The word “or” is generally construed in the disjunctive when used in a statute or rule, and normally means that alternatives were intended. Sparkman v. McClure, 498 So. 2d 892, 895 (Fla.1986). The statute in question makes it a crime to entice another to any of the prohibited acts.
AFFIRMED.
GRIFFIN, C. J., ANTOON, J. and ORFINGER, M., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chase v. Walgreen Co., 750 So. 2d 93 (Fla. 5th DCA 1999)…oyer shall discharge, threaten to discharge, intimidate, or coerce any employee ... “ Chase argues that the use of the word “or” generally indicates that alternatives were intended. Sparkman v. McClure, 498 So. 2d 892, 895 (Fla.1986); D.M. v. State, 712 So. 2d 1204 (Fla. 5th DCA 1998); State v. White, 736 So. 2d 1231, 1232 (Fla. 2d DCA 1999). Walgreen, on the other hand, argues that the words “intimidate” and “coerce” are simply the legislature’s way of describing constructive discharge in cases where the empl…
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L. Julio Reinstein, M.D. v. Pediatric Gastroenterology, Hepatology & Nutrition OF Fla., P.A., 25 So. 3d 54 (Fla. 2d DCA 2009)…d him as a party to the litigation. We disagree. The use of a word in the disjunctive means only that alternative means are expressed. See Ellinwood v. Bd. of Architecture & Interior Design, 835 So. 2d 1269, 1270 (Fla. 1st DCA 2003); D.M. v. State, 712 So. 2d 1204, 1204 (Fla. 5th DCA 1998) (“The word ‘or’ is generally construed in the disjunctive when used in a statute or rule, and normally means that alternatives were intended.”). But the expression of two alternatives does not require the conclusion that th…
Authorities Cited
- Sparkman v. McCLURE, 498 So. 2d 892 (Fla. 1986)