Franklin v. State
Florida Supreme Court case decriminalizing sodomy / From Wikipedia, the free encyclopedia
Franklin v. State, 257 So. 2d 21 (Fla. 1971), was a case in which the Florida Supreme Court struck down Florida's sodomy law as being "unconstitutional for vagueness and uncertainty in its language, violating constitutional due process to the defendants."[1] The court retained the state's prohibition on sodomy by ruling that anal and oral sex could still be prosecuted under the lesser charge of "unnatural and lascivious" conduct, thus reducing the crime from a felony to a misdemeanor.
Quick Facts Franklin v. State, Court ...
Franklin v. State | |
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Court | Florida Supreme Court |
Full case name | Alva Gene Franklin, Appellant, v. State of Florida, Appellee. Stephen F. Joyce, Appellant, v. State of Florida, Appellee. |
Decided | December 17, 1971 (1971-12-17) |
Citation | 257 So. 2d 21 |
Court membership | |
Judges sitting | B. K. Roberts, Richard W. Ervin, Vassar B. Carlton, James C. Adkins, Joseph A. Boyd Jr., David L. McCain, Hal P. Dekle |
Case opinions | |
Decision by | Per curiam |
Concurrence | Ervin, Carlton, Adkins, McCain, Dekle, Roberts |
Dissent | Boyd |
Keywords | |
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