EFTA00746379.pdf

Page 1 LexisNexis' LEXSEE 761 SO. 2D 474 WALTER JERRY PETTY, Appellant, vs. THE STATE OF FLORIDA, Appellee. CASE NO. 3D99-155 COURT OF APPEAL OF FLORIDA, THIRD DISTRICT 761 So. 2d 474; 2000 Fla. App. LEXIS 8052; 25 Fla. L Weekly D 1555 June 28, 2000, Opinion Filed SUBSEQUENT HISTORY: rli Released for second degree? We agree with Kobel v. State, 745 So. 2d Publication July 14, 2000. 979 (Fla. 4th DCA 1999), which holds that the statute at issue addresses the criminal act of hiring of a minor for PRIOR HISTORY: An appeal from the Circuit Court sexual activity with a third party. "The term of Dade County, Lauren Levy Miller, Judge. LOWER 'procurement' connotes a pecuniary gain from the TRIBUNAL NO. 87-28182. exploitation of another. . . . In the context of prostitution, 1°21 the word 'procure' must be given its specialized DISPOSITION: Reversed and remanded. meaning, which is to 'obtain as a prostitute for another,' connoting a commercial motive." Kobel, 745 So. 2d at 982. See Register v. State, 715 So. 2d 274 (Fla. 1st DCA COUNSEL: Bennett H. Brummer, Public Defender, and /998)(legislature did not intend that offering a minor Rosa C. Figarola, Assistant Public Defender, for money to have sex with the offeror have the same appellant. penalty as inducing a minor to have sex with a third party to the financial benefit of the offeror); Bather v. State, Robert A. Butterworth, Attorney General, and Fredericka 397 So. 2d 741, 742 (Fla. 5th DCA 1981)("underlying Sands, Assistant Attorney General, for appellee. purpose of section 796.03 appears to be to protect children from sexual exploitation for commercial JUDGES: Before GODERICH, SHEVIN and purposes"). We, therefore, conclude that Petty's SORONDO, JJ. conviction must be reversed I*475I because his actions do not fall within the purview of the statute at issue. OPINION BY: SHEVIN Here, the record discloses that defendant paid the victim money to engage in sexual acts with him. There is OPINION no evidence that a third party was involved or that the 1*4741 SHEVIN, Judge. victim was exploited for defendant's financial gain. Therefore, the evidence does not establish a violation of Walter Petty appeals a judgment of conviction for section 796.03, and defendant was entitled to a judgment unlawful procurement of a minor for prostitution of acquittal on that charge. Accordingly, we reverse the pursuant to section 796.03, Florida Statutes (1997). We procurement conviction. r *31 On remand, the court reverse. shall enter a conviction for solicitation and resentence Section 796.03 provides that a "person who procures defendant. for prostitution, or causes to be prostituted, any person Reversed and remanded. who is under the age of 18 commits a felony of the EFTA00746379