The 2023 Florida Statutes (including Special Session C)
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. . . Section 798.02, relating to lewd and lascivious behavior; d. . . .
. . . OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON [§ 798.02 . . .
. . . The State charged that each act was committed in violation of section 798.02, Florida Statutes (2002) . . . Our examination of the language, structure and legislative history of section 798.02 leads us to conclude . . .
. . . We find no constitutional violation as a result of section 798.02, Florida Statutes (1999), which makes . . . 801, 804 (Fla.1972); or (2) THE ACT IS INCONSISTENT WITH SECTIONS 741.212, 112.08(2)(a), 741.211, OR 798.02 . . .
. . . dismissal of misdemeanor charges against Christy Arrington and Gidget Karlik brought pursuant to section 798.02 . . . Because the court declared section 798.02 facially unconstitutional, it did not reach the merits of whether . . .
. . . This case presents the issue of whether section 798.02, Florida Statutes (1995), is unconstitutionally . . . second-degree misdemeanors for “open and gross lewd and lascivious behavior” in violation of section 798.02 . . . Section 798.02 reads: Lewd and lascivious behavior. — If any man and woman, not being married to each . . . guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 798.02 . . . Five years after Chesebrough, the Florida Supreme Court reversed a conviction under section 798.02, the . . .
. . . Section 798.02, Florida Statutes (1993), prohibits any man and woman, who are not married to each other . . .
. . . Section 798.02 makes it illegal for "any man and woman, not being married to each other,” to "lewdly . . .
. . . In Campbell, the defendant was convicted under section 798.02, Florida Statutes, which proscribes “open . . .
. . . To the contrary, section 798.02, Florida Statutes (1991) declares such conduct to be criminal and classifies . . .
. . . Indecent Exposure of Sexual Organs, Section 800.03, Florida Statutes, Lewd and Lascivious Conduct, Section 798.02 . . .
. . . Section 798.02 prohibits a man and woman not married to each other from "lewdly and lasciviously” associating . . .
. . . .); lewd and lascivious behavior (§ 798.02, Fla.Stat.); and lewd act in the presence of a child (§ 800 . . . All qualifying or limiting words, such as, “lewd” and “lascivious” (§§ 798.02 and 800.04), “vulgar” and . . . “indecent” (§§ 800.03 and 800.04), and “open” and “gross” (§ 798.02), are too indefinite to describe . . . Accordingly, the two misdemeanor convictions (§§ 798.02 and 800.03, Fla.Stat.) should be reversed and . . .
. . . Thus, while he suggests that he may have been prosecuted for lewd cohabitation, § 798.02, Fla.Stat. ( . . .
. . . For example, if two people are cohabiting contrary to the provisions of Section 798.02, that should not . . .
. . . Debtor suggests that that which was formerly considered “immoral” [as well as illegal (§ 798.02 F.S.A . . .
. . . some cases, is still a violation of Florida Statutes § 798.01 (PERSONS LIVING IN OPEN ADULTERY), Chap. 798.02 . . .
. . . review of an order of the Division of Beverage finding that one of G & B’s employees violated Section 798.02 . . .
. . . the Division of Beverage finding that two of G & B’s agents, servants or employees violated Section 798.02 . . . Section 798.02 provides that a person who engages in open and gross lewdness and lascivious behavior . . . Suffice it to say that the charges were sufficient under Section 798.02 and the findings were supported . . .
. . . the Division of Beverage finding that six of G & B’s agents, servants or employees violated Section 798.02 . . . Section 798.02 provides that a person who engages in open and gross lewdness and lascivious behavior . . . Suffice it to say that the charges were sufficient under Section 798.02 and the findings were supported . . .
. . . State, 331 So.2d 289 (Fla. 1976) wherein a conviction under Florida Statute 798.02 for “open and gross . . .
. . . to dismiss and granting his motion for a bill of particulars, the trial court declared that Section 798.02 . . . On appeal, Campbell alleges that Section 798.02, Florida Statutes, supra, is unconstitutionally vague . . . There have been only three reported appellate opinions construing the second clause of Section 798.02 . . . of a child), and the trial court reduced the charge to a violation of the second clause of Section 798.02 . . . ROBERTS, J., dissents and concurs with BOYD, J. . “798.02 Lewd and lascivious behavior. . . . Jeffries, a customer there; whereupon, both Appellant and Jeffries were arrested for violation of Section 798.02 . . . On this appeal Appellant (1) challenges the constitutionality of the second clause of Section 798.02, . . . It is Appellant’s position that the second clause of Section 798.02, Florida Statutes (“. . . if any . . . Therefore, I conclude that Section 798.02, Florida Statutes, is constitutional. . . . ROBERTS, J., concurs. . “798.02 Lewd and lascivious behavior.— If any man and woman, not being married . . .
. . . 139 (Fla.1972), where the facts also encompassed all, or at least some, of the elements of: Section 798.02 . . .
. . . aggravated assault; F.S.1967, Section 795.02, F.S.A., enticing away for prostitution; F.S.1967, Section 798.02 . . .
. . . establish a prima facie case of “open and gross lewdness and lascivious behavior,” as set forth in § 798.02 . . . under the age of fourteen years * * *,” but sufficient to constitute a lewd and lascivious act under § 798.02 . . . law that the appellant’s conduct was not open and gross lewd and lascivious behavior prohibited by § 798.02 . . .
. . . Section 798.01 forbids living in adultery and § 798.02 proscribes lewd cohabitation. . . . Ann. § 798.02 — Lewd and lascivious behavior: “If any man and woman, not being married to each other, . . . Section 798.02 proscribes two offenses: (1) open, arid gross lewdness and lascivious behavior by either . . . Section 798.02, Florida Statutes, which prohibits'intra-racial lewd cohabitation, has generally been . . . The purpose of the legislature in enacting both Sections 798.02 and 798.05, Florida Statutes, was to . . .
. . . . § 798.01 and § 798.02, relating to adultery and to lewd and lascivious conduct. . . .
. . . assault with attempt to commit rape and from our lewd and lascivious conduct statute, to-wit: Section 798.02 . . .
. . . .: Appellant was convicted of violating Sections 798.02 and 798.05, Fla. . . .
. . . that it was attempted to charge in each count of the information a violation of the provisions of Sec. 798.02 . . .