Intent to Deceive Element Different from General Intent to Commit An Act
In L.B. v. State, 700 So. 2d 370 (Fla. 1997) section 790.001(13), Florida Statutes (1995), was the subject of constitutional attack.
This attack was based upon the statute's lack of a definition of "common pocketknife."
The Court upheld the constitutionality of the statute, finding that the statute would be construed giving the words their plain and ordinary meaning. L.B., 700 So. 2d at 372.
The Court concluded that this is plainly different from the issue of vagueness in respect to section 843.085(1) because section 843.085(1) potentially reaches constitutionally protected expression and has no specific intent-to-deceive element.
These factors were not involved in L.B.
In Reynolds v. State, 842 So. 2d 46 (Fla. 2002), section 828.12, Florida Statutes (1997), prohibiting cruelty to animals, was upheld against a substantive due process attack.
The Court found the cruelty to animals statute contained a requirement of general intent.
However, the Court also found that the "general intent to commit an act . . . is obviously reasonably related to the harm sought to be avoided." Reynolds, 842 So. 2d at 51.
The Court did not find such a reasonable relationship to be obvious in section 843.085(1).