February 7, 2001
State of Florida v. James E. Brake, Jr.
Case Number(s):
SC00-119

Transcript:

Summary:

Brake was charged with violating a statute making it illegal to lure children into a structure, dwelling, or conveyance for "other than a lawful purpose." The particular statute applies only if the accused was previously convicted of certain sexual offenses. Brake was such a person. At trial, he challenged the statute's constitutionality, but the judge upheld it. The Second District disagreed and reversed.