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Florida Statute 798.02 | Lawyer Caselaw & Research
F.S. 798.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 798.02

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 798
ADULTERY; LEWD AND LASCIVIOUS BEHAVIOR
View Entire Chapter
F.S. 798.02
798.02 Lewd and lascivious behavior.If any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 6, ch. 1637, 1868; RS 2596; GS 3519; RGS 5407; CGL 7550; s. 773, ch. 71-136; s. 1, ch. 2016-188.

F.S. 798.02 on Google Scholar

F.S. 798.02 on Casetext

Amendments to 798.02


Arrestable Offenses / Crimes under Fla. Stat. 798.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

S798.02 - LEWD LASCV BEHAVIOR - MAN WOMAN MARRIED UNMARR ENGAG OPEN LEWD LASCV - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILIES, v. P. F. K. A. a, 107 So. 3d 1123 (Fla. Dist. Ct. App. 2012)

. . . Section 798.02, relating to lewd and lascivious behavior; d. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON [§ 798.02 . . .

CABRERA, v. STATE, 884 So. 2d 482 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

STATE v. ARRINGTON, v., 741 So. 2d 1152 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

STATE v. COYLE, 718 So. 2d 218 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

STEPHENS, v. STATE, 659 So. 2d 1303 (Fla. Dist. Ct. App. 1995)

. . . Section 798.02, Florida Statutes (1993), prohibits any man and woman, who are not married to each other . . .

BORDO, INC. v. STATE, 627 So. 2d 561 (Fla. Dist. Ct. App. 1993)

. . . Section 798.02 makes it illegal for "any man and woman, not being married to each other,” to "lewdly . . .

STATE v. WALLER,, 621 So. 2d 499 (Fla. Dist. Ct. App. 1993)

. . . In Campbell, the defendant was convicted under section 798.02, Florida Statutes, which proscribes “open . . .

A. ALFORD, v. L. ALFORD,, 594 So. 2d 843 (Fla. Dist. Ct. App. 1992)

. . . To the contrary, section 798.02, Florida Statutes (1991) declares such conduct to be criminal and classifies . . .

STALLINGS v. STATE OF FLORIDA, 36 Fla. Supp. 2d 3 (Fla. Cir. Ct. 1989)

. . . Indecent Exposure of Sexual Organs, Section 800.03, Florida Statutes, Lewd and Lascivious Conduct, Section 798.02 . . .

MILLER, v. STATE, 520 So. 2d 80 (Fla. Dist. Ct. App. 1988)

. . . Section 798.02 prohibits a man and woman not married to each other from "lewdly and lasciviously” associating . . .

GOTTHARDT, v. STATE, 475 So. 2d 281 (Fla. Dist. Ct. App. 1985)

. . . .); 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 . . .

LANIER, v. STATE, 443 So. 2d 178 (Fla. Dist. Ct. App. 1983)

. . . Thus, while he suggests that he may have been prosecuted for lewd cohabitation, § 798.02, Fla.Stat. ( . . .

POE, v. ESTATE OF LEVY, I XX,, 411 So. 2d 253 (Fla. Dist. Ct. App. 1982)

. . . For example, if two people are cohabiting contrary to the provisions of Section 798.02, that should not . . .

In BARNCASTLE,, 8 B.R. 464 (Bankr. S.D. Fla. 1981)

. . . Debtor suggests that that which was formerly considered “immoral” [as well as illegal (§ 798.02 F.S.A . . .

In A. RIVERA s, 5 B.R. 313 (Bankr. M.D. Fla. 1980)

. . . some cases, is still a violation of Florida Statutes § 798.01 (PERSONS LIVING IN OPEN ADULTERY), Chap. 798.02 . . .

G B OF JACKSONVILLE, INC. d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 382 So. 2d 1227 (Fla. Dist. Ct. App. 1979)

. . . review of an order of the Division of Beverage finding that one of G & B’s employees violated Section 798.02 . . .

G B OF JACKSONVILLE, INC. d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 371 So. 2d 137 (Fla. Dist. Ct. App. 1979)

. . . 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 . . .

G B OF JACKSONVILLE, INC. d b a Of v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 371 So. 2d 139 (Fla. Dist. Ct. App. 1979)

. . . 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 . . .

DAVIS v. STATE, 1 Fla. Supp. 2d 102 (Duval Cty. Cir. Ct. 1978)

. . . State, 331 So.2d 289 (Fla. 1976) wherein a conviction under Florida Statute 798.02 for “open and gross . . .

CAMPBELL, v. STATE, 331 So. 2d 289 (Fla. 1976)

. . . 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 . . .

GONZALES, v. CITY OF BELLE GLADE, SMITH v. STATE, 287 So. 2d 669 (Fla. 1973)

. . . 139 (Fla.1972), where the facts also encompassed all, or at least some, of the elements of: Section 798.02 . . .

BROWN, v. STATE, 232 So. 2d 55 (Fla. Dist. Ct. App. 1970)

. . . aggravated assault; F.S.1967, Section 795.02, F.S.A., enticing away for prostitution; F.S.1967, Section 798.02 . . .

B. COILE, v. STATE, 212 So. 2d 94 (Fla. Dist. Ct. App. 1968)

. . . 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 . . .

McLAUGHLIN v. FLORIDA, 379 U.S. 184 (U.S. 1964)

. . . 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 . . .

PULEO, v. STATE, 109 So. 2d 39 (Fla. Dist. Ct. App. 1959)

. . . . § 798.01 and § 798.02, relating to adultery and to lewd and lascivious conduct. . . .

STATE OF FLORIDA v. WILLIAM HENRY SUMMER, 157 Fla. 371 (Fla. 1946)

. . . assault with attempt to commit rape and from our lewd and lascivious conduct statute, to-wit: Section 798.02 . . .

DOROTHY WILDMAN v. STATE OF FLORIDA, 157 Fla. 334 (Fla. 1946)

. . . .: Appellant was convicted of violating Sections 798.02 and 798.05, Fla. . . .

KENNETH KITTLESON v. STATE OF FLORIDA, 152 Fla. 242 (Fla. 1942)

. . . that it was attempted to charge in each count of the information a violation of the provisions of Sec. 798.02 . . .