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B.B. v. State
Florida Supreme Court
659 So. 2d 256 (1995)
B.B. (plaintiff), a 16-year-old, had consensual sexual intercourse with another 16-year-old. B.B.’s partner was a virgin prior to their sexual encounter. The State of Florida (defendant) charged B.B. with unlawful carnal intercourse, a second-degree felony, for having sexual intercourse with a chaste minor child under the age of 18. As used in the statute, chaste meant virgin. B.B. moved to dismiss the state’s charges, arguing that Florida’s unlawful-carnal-intercourse statute, Section 794.05, was unconstitutional because it violated B.B.’s right to privacy in intimate acts. The circuit court granted B.B.’s motion to dismiss and held that Section 794.05 was unconstitutional because B.B.’s right to privacy outweighed Florida’s interest in protecting chaste minors from sexual encounters with other minors. Florida appealed. The district court reversed and certified a question to the Florida Supreme Court about whether B.B., as a minor, had a right to privacy that barred the application of Section 794.05.
Rule of Law
Holding and Reasoning (Wells, J.)
Concurrence (Kogan, J.)
Dissent (Grimes, C.J.)
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