District Court of Appeal of Florida

Denial of defendant's motion to declare Florida Statutes section 828.122(3), which outlaws animal fighting, unconstitutional as overbroad is affirmed as the statute establishes a "knowingly" level of mens rea required for the conduct at issue, and thus is not overbroad. Further, the rule of lenity did not apply as the language of the statute is clear and unambiguous.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• ORFINGER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.