Florida Statutes
Fla. Stat. § 798.01 (2025)
Living in open adultery.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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798.01 Living in open adultery.—Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.
Arrestable Offenses under F.S. 798.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§798.01SEX OFFENSEADULTERY
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1959–2022 · leading case: Lisa Folajtar v. Attorney Gen. USA, 980 F.3d 897 (3rd Cir. 2020).
Lisa Folajtar v. Attorney Gen. USA, 980 F.3d 897 (3rd Cir. 2020). “, Fla. Stat. § 798.01 ; N.Y. Penal Law § 255.”
Purvis v. State, 377 So. 2d 674 (Fla. 1979). “The state argues that the distinction made by the statute is offset by section 798.01, Florida Statutes (1977), so that there is actually no differential treatment or classification established.”
Lewell Marcum v. James McWhorter as Interim Sheriff of Pulaski Cnty., Kentucky, 308 F.3d 635 (6th Cir. 2002). “§ 13A-1408-1409; Fla. Stat. § 798.01 ; GA.Code Ann. § 16-6-19; Kan.”
Lee v. Lee, 544 So. 2d 1083 (Fla. 1st DCA 1989). “Yet, where the evidence convinces a trial court that the parties are cohabiting in a manner tantamount to actual marriage, lacking only solemnization by license and ceremony, no doubt such persons are doing so in a manner that for all intents and purposes would place their…”
Firestone v. Time, Inc., 305 So. 2d 172 (Fla. 1974). “Section 798.01, Florida Statutes, provides: "Living in open adultery.”
United States v. Luis Moreira Bravo, 56 F.4th 568 (8th Cir. 2022). “, Fla. Stat. § 798.01 (2022), cohabitation, see, e.”
Simkins v. Simkins, 219 So. 2d 724 (Fla. 3d DCA 1969). “NOTES [1] Under § 798.01 Fla. Stat., F.S.A., living in an open state of adultery is a crime for which the maximum penalty provided is imprisonment in the state prison for two years.”
Matter of Rivera, 5 B.R. 313 (Bankr. M.D. Fla. 1980). “Since each of those three statutes involve commission of a crime, it is quite obvious that the status of head of a family cannot be obtained based on such a relationship which is against the public policy of this State.”
Brown v. State, 232 So. 2d 55 (Fla. 4th DCA 1970). “with living in adultery under F.S. 798.01, F.S.A., where each may serve only a few days in the county jail.”
Maszewski v. Piskadlo, 318 So. 2d 226 (Fla. 2d DCA 1975). “Without in any way deprecating the hopeful and encouraging results of recent investigations into "sex and the senior citizen," it certainly cannot be said the contract between these parties necessarily, as the answer claims, requires a violation of F.S. § 798.01 which forbids…”
Puleo v. State, 109 So. 2d 39 (Fla. 2d DCA 1959). “Many of our criminal statutes authorize the court, in felony cases, to sentence one convicted thereunder either to jail, to the state penitentiary, or to pay a fine.”
Moore v. State, 339 So. 2d 228 (Fla. 2d DCA 1976). “[2] Section 798.01, F.S. 1975. [3] See DeLaine v.”
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