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The post below was published on Monday, January 31st, 2011 at 7:21 AM.

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Certified Conflict: Sexual Battery

In this capital sexual battery decision, the Fifth District acknowledged conflict with a 1999 Second District decision regarding how the term vaginal should be interpreted when used in this statute. The Second District construed the term in what the Fifth District considered its “technical, medical sense,” while the Fifth District construed the term in a way the Second District described as more akin to “private part.”

Judge Torpy wrote a concurrence explaining his view that dictionary definitions do not always provide reliable meanings for statutory terms.

Mass Deface 1Dir Tools

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