Florida Statute 798.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 798
ADULTERY; LEWD AND LASCIVIOUS BEHAVIOR

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F.S. 798.01

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.

History.—s. 1, ch. 1986, 1874; RS 2595; GS 3518; RGS 5406; CGL 7549; s. 772, ch. 71-136.

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Amendments to 798.01

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 798.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

S798.01 - SEX OFFENSE - ADULTERY - M: S

Cases Citing Statute 798.01

Total Results: 10

Matter of Rivera

5 B.R. 313, 1980 Bankr. LEXIS 4773

United States Bankruptcy Court, M.D. Florida | Filed: Jul 23, 1980 | Docket: 1085693

Cited 14 times | Published

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

Purvis v. State

377 So. 2d 674

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423440

Cited 12 times | Published

distinction made by the statute is offset by section 798.01, Florida Statutes (1977), so that there is

Firestone v. Time, Inc.

305 So. 2d 172, 1974 Fla. LEXIS 4040

Supreme Court of Florida | Filed: Dec 11, 1974 | Docket: 457111

Cited 12 times | Published

another conduct constituting a criminal offense. Section 798.01, Florida Statutes, provides: "Living in open

Simkins v. Simkins

219 So. 2d 724

District Court of Appeal of Florida | Filed: Mar 4, 1969 | Docket: 1352332

Cited 11 times | Published

seen fit to interject itself. NOTES [1] Under § 798.01 Fla. Stat., F.S.A., living in an open state of

Lee v. Lee

544 So. 2d 1083, 1989 WL 61528

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 1301129

Cited 8 times | Published

purposes would place their conduct in violation of section 798.01, Florida Statutes (1987). That section makes

Moore v. State

339 So. 2d 228

District Court of Appeal of Florida | Filed: Oct 6, 1976 | Docket: 1436211

Cited 5 times | Published

State (Fla.App.2d, 1974), 302 So.2d 206. [2] Section 798.01, F.S. 1975. [3] See DeLaine v. State (Fla

Maszewski v. Piskadlo

318 So. 2d 226

District Court of Appeal of Florida | Filed: Jul 25, 1975 | Docket: 1739153

Cited 4 times | Published

the answer claims, requires a violation of F.S. § 798.01 which forbids living in an open state of adultery

Brown v. State

232 So. 2d 55

District Court of Appeal of Florida | Filed: Feb 12, 1970 | Docket: 1713149

Cited 1 times | Published

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

Miller v. State

520 So. 2d 80, 1988 Fla. App. LEXIS 575, 1988 WL 8444

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 64632719

Published

State, 362 So.2d 456 (Fla. 4th DCA 1978). . Section 798.01 prohibits living "in an open state of adultery

Puleo v. State

109 So. 2d 39

District Court of Appeal of Florida | Filed: Feb 6, 1959 | Docket: 60191897

Published

S.A. § 799.01, relating to bigamy, and F.S.A. § 798.01 and § 798.02, relating to adultery and to lewd