Florida/Georgia Personal Injury & Workers Compensation

...In order for the Debtor to be able to establish himself as a "head of a family" he must be able to establish a family relationship based on cohabitation with an unmarried woman. Such a relationship, which might be chic and acceptable in some cases, is still a violation of Florida Statutes § 798.01 (PERSONS LIVING IN OPEN ADULTERY), Chap....

...1962), and Hammond v. Times Publishing Company, 162 So.2d 681 (Fla.App. 1954). NOTES [1] Not only does the statement that a woman has committed adultery impute unchastity but furthermore it imputes to another conduct constituting a criminal offense. Section 798.01, Florida Statutes, provides: "Living in open adultery....

...." Id. at 657. Under this definition, a gender-based distinction is drawn between married women, who cannot be punished for illicit sexual activity, and married men, who can be. 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. Section 798.01 prohibits living in open adultery....

...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 conduct in violation of section 798.01, Florida Statutes (1987)....

...We should not violate the clean hands doctrine and its application to divorce proceedings by extending the holdings of the cited decisions of the Supreme Court of the United States into an area where that Court has not seen fit to interject itself. NOTES [1] Under § 798.01 Fla....

...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 living in an open state of adultery, but the violation of which requires not only that the parties share the same home, but that they engage in acts of intercourse as well....

...directions that appellant be afforded an opportunity to withdraw his plea and enter a plea of not guilty. HOBSON and GRIMES, JJ., concur. NOTES [1] See State v. Bateh (Fla. 1959), 110 So.2d 7; Baggett v. State (Fla.App.2d, 1974), 302 So.2d 206. [2] Section 798.01, F.S....

...1967, 817.311, F.S.A., unlawful use of badges, etc., where for conviction of a misdemeanor, one can serve up to 1 year in county jail. Then see F.S. 922.051, F.S.A. Compare also a conviction of manslaughter under F.S. 782.07, F.S.A. with living in adultery under F.S. 798.01, F.S.A., where each may serve only a few days in the county jail....

...his State. 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. Among such statutes are F.S.A. § 799.01, relating to bigamy, and F.S.A. § 798.01 and § 798.02, relating to adultery and to lewd and lascivious conduct....

...5th DCA 1980); Wiggins v. State, 386 So.2d 46 (Fla. 4th DCA 1980); Mays v. State, 349 So.2d 792 (Fla. 2d DCA 1977). Requiring a probationer to marry the mother of his child has also been disapproved. See Michalow v. State, 362 So.2d 456 (Fla. 4th DCA 1978). . Section 798.01 prohibits living "in an open state of adultery." Section 798.02 prohibits a man and woman not married to each other from "lewdly and lasciviously” associating and cohabiting together.