D.P. v. State
Florida District Court of Appeal, Third District
705 So. 2d 593 (1997)
- Written by Sarah Holley, JD
Facts
Dade County passed a comprehensive anti-graffiti ordinance, which criminalized the possession of spray paint or jumbo markers with the intent to make graffiti, whether by an adult or minor. The ordinance set forth special provisions pertaining to minors. The ordinance prohibited the sale of spray paint or jumbo markers to minors, and it further stated that minors may possess spray paint or jumbo markers on public property only if accompanied by a responsible adult and, on private property, the minor must have the consent of the property owner but need not be accompanied by an adult. A petition of delinquency was filed against D. P. (defendant), a minor who violated the ordinance. D. P. challenged the facial constitutionality of the ordinance, arguing that the ordinance violated the due process clauses of the state and federal constitutions because it criminalized a minor’s possession of spray paint or jumbo markers without the state being required to show that the minor had any criminal intent. D. P. further argued that it was impermissible to criminalize possession of ordinary household items that have legitimate innocent uses.
Rule of Law
Issue
Holding and Reasoning (Cope, J.)
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