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A.H. v. State
Florida District Court of Appeal
949 So. 2d 234 (2007)
A.H. (plaintiff), a 16-year-old, took 117 photographs of herself engaged in sexual activities with her boyfriend, 17-year-old J.G.W. A.H. did not share the photographs with third parties and only emailed the photos to J.G.W. for his personal use. The State of Florida (defendant) charged A.H. with production of child pornography. A.H. filed a motion to dismiss, arguing that Florida’s child-pornography statute was unconstitutional as applied to her because (1) she was a minor; and (2) the statute’s infringement on her right to privacy was not the least intrusive means of furthering Florida’s compelling interest in preventing the sexual exploitation of children through child pornography. The trial court denied A.H.’s motion, holding that Florida’s child-pornography statute applied equally to minors and adults and furthered Florida’s compelling state interest in the least intrusive way possible. A.H. appealed.
Rule of Law
Holding and Reasoning (Wolf, J.)
Dissent (Padovano, J.)
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