A.H. v. State
Florida District Court of Appeal
949 So. 2d 234 (2007)
- Written by Liz Nakamura, JD
Facts
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
Issue
Holding and Reasoning (Wolf, J.)
Dissent (Padovano, J.)
What to do next…
Here's why 814,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.