WEDNESDAY, OCTOBER 8, 1997

Style: J.A.S. v. State, No. 89,768

Facts: Two fifteen-year-old boys were charged with violating the statute that forbidslewd assault on a child under the age of 16. The charges were based on alleged acts ofsexual intercourse with 12-year-old girls. The circuit court dismissed the charges on thegrounds that the statute as applied in the case would deny equal protection of the law,inflict cruel and unusual punishment, and violate the minors' rights of privacy. On appeal,the district court of appeal reversed the trial court's order. The accused minors seekreview.
Issues: Whether prosecution of minors for violation of section 800.04(4), FloridaStatutes (1993), violates rights of equal protection or privacy or inflicts cruel or unusualpunishment.