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Sex With Corpse Brings No New Charge: Not A Crime In Florida

July 12, 1995

TALLAHASSEE, Fla. (AP) _ Autospy results showed Tuesday that a man accused of helping kill a teen-age friend’s mother had sex with the corpse, but no new charges were brought because necrophilia is not a crime in Florida.

``This is a heinous situation and something should be on the books,″ Undersheriff Larry Campbell said. ``I’ve covered some real strange situations but never one where we didn’t have a law to work with.″

David Baity, a 22-year-old high school dropout, was charged Monday with first-degree murder in the June 29 slaying of Kathryn Moore.

Baity is accused of helping 17-year-old Aaron Moore strangle and bludgeon his mother and then dump her body down a 30-foot abandoned well. Police say it was in retalitation for grounding her son and forbidding him from running around with Baity.

Autopsy results showed strangulation as the cause of death, and Campbell said they also confirmed what Baity had told deputies earlier, that he had sex with the corpse.

To his dismay, Campbell said, investigators discovered that in Florida, ``Necrophilia is a condition, not a crime.″

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