SC07-128 – Donald Dean Kasischke v. State Of Florida

State: Florida

Docket No: SC07-128

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC07-128 ____________ DONALD DEAN KASISCHKE, Petitioner, vs. STATE OF FLORIDA, Respondent. [July 10, 2008] CANTERO, J. We review a statute that requires judges to impose conditions of probation on sexual offenders. At issue is whether the statute prohibits sexual offenders serving probation or community control from possessing any pornographic material at all or only such material relevant to the offender's deviant behavior. In the decision below, Kasischke v. State, 946 So. 2d 1155, 1159 (Fla. 3d DCA 2006), the Third District Court of Appeal held that offenders cannot possess any such material. Its decision expressly and directly conflicts with the Second District Court of Appeal's decision in Taylor v. State, 821 So. 2d 404, 405-06 (Fla. 2d DCA 2002), which held that a condition prohibiting the defendant from "viewing,

owning, or possessing obscene, pornographic, or sexually explicit material," must relate to the defendant's "particular deviant behavior pattern." We have jurisdiction to resolve the conflict. See art. V,

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