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LEXSEE 761 SO. 2D 474
WALTER JERRY PETTY, Appellant, vs. THE STATE OF FLORIDA, Appellee.
CASE NO. 3D99-155
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
761 So. 2d 474; 2000 Fla. App. LEXIS 8052; 25 Fla. L Weekly D 1555
June 28, 2000, Opinion Filed
SUBSEQUENT HISTORY:
rli
Released for
Publication July 14, 2000.
PRIOR HISTORY:
An appeal from the Circuit Court
of Dade County, Lauren Levy Miller, Judge. LOWER
TRIBUNAL NO. 87-28182.
DISPOSITION: Reversed and remanded.
COUNSEL: Bennett H. Brummer, Public Defender, and
Rosa C. Figarola, Assistant Public Defender, for
appellant.
Robert A. Butterworth, Attorney General, and Fredericka
Sands, Assistant Attorney General, for appellee.
JUDGES:
Before
GODERICH,
SHEVIN
and
SORONDO, JJ.
OPINION BY: SHEVIN
OPINION
1*4741 SHEVIN, Judge.
Walter Petty appeals a judgment of conviction for
unlawful procurement of a minor for prostitution
pursuant to section 796.03, Florida Statutes (1997). We
reverse.
Section 796.03 provides that a "person who procures
for prostitution, or causes to be prostituted, any person
who is under the age of 18 commits a felony of the
second degree? We agree with Kobel v. State, 745 So. 2d
979 (Fla. 4th DCA 1999), which holds that the statute at
issue addresses the criminal act of hiring of a minor for
sexual activity with a third party. "The term
'procurement' connotes a pecuniary gain from the
exploitation of another. . . . In the context of prostitution,
1°21 the word 'procure' must be given its specialized
meaning, which is to 'obtain as a prostitute for another,'
connoting a commercial motive." Kobel, 745 So. 2d at
982. See Register v. State, 715 So. 2d 274 (Fla. 1st DCA
/998)(legislature did not intend that offering a minor
money to have sex with the offeror have the same
penalty as inducing a minor to have sex with a third party
to the financial benefit of the offeror); Bather v. State,
397 So. 2d 741, 742 (Fla. 5th DCA 1981)("underlying
purpose of section 796.03 appears to be to protect
children from sexual exploitation for commercial
purposes").
We,
therefore, conclude
that
Petty's
conviction must be reversed I*475I because his actions
do not fall within the purview of the statute at issue.
Here, the record discloses that defendant paid the
victim money to engage in sexual acts with him. There is
no evidence that a third party was involved or that the
victim was exploited for defendant's financial gain.
Therefore, the evidence does not establish a violation of
section 796.03, and defendant was entitled to a judgment
of acquittal on that charge. Accordingly, we reverse the
procurement conviction. r *31 On remand, the court
shall enter a conviction for solicitation and resentence
defendant.
Reversed and remanded.
EFTA00746379
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