Florida Statutes
Fla. Stat. § 798.02 (2025)
Lewd and lascivious behavior.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 798.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§798.02LEWD LASCV BEHAVIORMAN WOMAN MARRIED UNMARR ENGAG OPEN LEWD LASCV
Notes of Decisions
Cited in 27
cases, 1946–2012 · leading case: Campbell v. State, 331 So. 2d 289 (Fla. 1976).
Campbell v. State, 331 So. 2d 289 (Fla. 1976). “In its order denying appellant's motion to dismiss and granting his motion for a bill of particulars, the trial court declared that Section 798.02, Florida Statutes, [1] is constitutional.”
Cabrera v. State, 884 So. 2d 482 (Fla. 5th DCA 2004). “The State charged that each act was committed in violation of section 798.02, Florida Statutes (2002), which provides: If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried,…”
Gotthardt v. State, 475 So. 2d 281 (Fla. 5th DCA 1985). “); lewd and lascivious behavior (§ 798.02, Fla. Stat.); and lewd act in the presence of a child (§ 800.”
Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000). “" We agree with the trial court that there is no conflict between the DPA and the statute because the DPA's extension of benefits does not depend on the sexual relationship between the members of the domestic partnership.”
Commonwealth v. Quinn, 789 N.E.2d 138 (Mass. 2003). “See Fla. Stat. Ann. § 798.02 (West 2000); Mich.”
G & B of Jacksonville Inc. v. State, Etc., 371 So. 2d 139 (Fla. 1st DCA 1979). “G & B seeks review of an order of the Division of Beverage finding that six of G & B's agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.”
Lanier v. State, 443 So. 2d 178 (Fla. 3d DCA 1983). “What he does defend is his right to be charged under a statute which embraces such conduct.”
State v. Coyle, 718 So. 2d 218 (Fla. 2d DCA 1998). “This case presents the issue of whether section 798.02, Florida Statutes (1995), is unconstitutionally vague.”
G & B of Jacksonville, Inc. v. State, Dep't of Bus. Reg., 371 So. 2d 137 (Fla. 1st DCA 1979). “G & B seeks review of an order of the Division of Beverage finding that two of G & B’s agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.”
Gonzales v. City of Belle Glade, 287 So. 2d 669 (Fla. 1973). “1972), where the facts also encompassed all, or at least some, of the elements of: Section 798.02, Florida Statutes, F.S.A., Lewd and Lascivious behavior; Section 798.”
Poe v. Est. of Levy, 411 So. 2d 253 (Fla. 4th DCA 1982). “For example, if two people are cohabiting contrary to the provisions of Section 798.02, that should not preclude them from being able to enter into a valid contract to purchase property with their joint or separate funds.”
Alford v. Alford, 594 So. 2d 843 (Fla. 5th DCA 1992). “To the contrary, section 798.02, Florida Statutes (1991) declares such conduct to be criminal and classifies it as a second degree misdemeanor.”
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