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

The 2024 Florida Statutes

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 Citing Statute 798.02

Total Results: 20

NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC. v. ROBERT HARDING

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-27T00:53:00-07:00

Snippet: Horizons Cond., 336 So. 3d at 798. 2 in the suit.” Cicco v. Luckett

Department of Children & Families v. P.F.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-18T00:00:00-08:00

Citation: 107 So. 3d 1123, 2013 WL 645321

Snippet: 794.011, relating to sexual battery; c. Section 798.02, relating to lewd and lascivious behavior; d. Chapter

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

Court: Fla. | Date Filed: 2007-08-30T00:53:00-07:00

Citation: 965 So. 2d 811

Snippet: PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON [§ 798.02 reserved] § 825.1025, Fla. Stat. To prove the crime

Cabrera v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-08T00:53:00-07:00

Citation: 884 So. 2d 482

Snippet: each act was committed in violation of section 798.02, Florida Statutes (2002), which provides: If any…language, structure and legislative history of section 798.02 leads us to conclude that there is no clear legislative

Lowe v. Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-20T00:53:00-07:00

Citation: 766 So. 2d 1199

Snippet: constitutional violation as a result of section 798.02, Florida Statutes (1999), which makes it a second…WITH SECTIONS 741.212, 112.08(2)(a), 741.211, OR 798.02, FLORIDA STATUTES (1999)? AFFIRMED IN PART; REVERSED

State v. Arrington

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-20T00:00:00-07:00

Citation: 741 So. 2d 1152, 1999 Fla. App. LEXIS 11098, 1999 WL 621566

Snippet: Arrington and Gidget Karlik brought pursuant to section 798.02, Florida Statutes (1997). We have jurisdiction … we reverse. Because the court declared section 798.02 facially unconstitutional, it did not reach the

State v. Coyle

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-31T00:53:00-07:00

Citation: 718 So. 2d 218

Snippet: This case presents the issue of whether section 798.02, Florida Statutes (1995), is unconstitutionally…lascivious behavior" in violation of section 798.02. After moving to consolidate, Coyle and Flatley… are only two sections in this chapter. Section 798.02 reads: Lewd and lascivious behavior.—If any man…punishable as provided in s. 775.082 or s. 775.083. § 798.02 (emphasis added). Coyle and Flatley were alleged…Supreme Court reversed a conviction under section 798.02, the statute at issue in this case. See Campbell

Stephens v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-05T00:00:00-07:00

Citation: 659 So. 2d 1303, 1995 Fla. App. LEXIS 9320, 1995 WL 518804

Snippet: concurs. WEBSTER, J., concurs in result. . Section 798.02, Florida Statutes (1993), prohibits any man and

Bordo, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-01T00:00:00-08:00

Citation: 627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

Snippet: COHABITATION,” has a "lewdness” provision. Section 798.02 makes it illegal for "any man and woman, not

State v. Waller

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-30T00:53:00-07:00

Citation: 621 So. 2d 499

Snippet: Campbell, the defendant was convicted under section 798.02, Florida Statutes, which proscribes "open

Alford v. Alford

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-27T23:53:00-08:00

Citation: 594 So. 2d 843

Snippet: favoring cohabitation. To the contrary, section 798.02, Florida Statutes (1991) declares such conduct

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-02-10T00:00:00-08:00

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

Snippet: quot;in an open state of adultery." Section 798.02 prohibits a man and woman not married to each other

Gotthardt v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-09-12T00:53:00-07:00

Citation: 475 So. 2d 281

Snippet: 800.03, Fla. Stat.); lewd and lascivious behavior (§ 798.02, Fla. Stat.); and lewd act in the presence of a…"lewd" and "lascivious" (§§ 798.02 and 800.04), "vulgar" and "indecent…, and "open" and "gross" (§ 798.02), are too indefinite to describe, limit or restrict…Accordingly, the two misdemeanor convictions (§§ 798.02 and 800.03, Fla. Stat.) should be reversed and

Lanier v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-12T23:53:00-08:00

Citation: 443 So. 2d 178

Snippet: may have been prosecuted for lewd cohabitation, § 798.02, Fla. Stat. (1981); prostitution, § 796.07, Fla

Poe v. Estate of Levy

Court: Fla. Dist. Ct. App. | Date Filed: 1982-03-02T23:53:00-08:00

Citation: 411 So. 2d 253

Snippet: cohabiting contrary to the provisions of Section 798.02, that should not preclude them from being able

Florida Bar v. Turner

Court: Fla. | Date Filed: 1979-03-29T00:00:00-08:00

Citation: 369 So. 2d 581, 1979 Fla. LEXIS 4626

Snippet: County, Florida, of a violation of Fla.Stat. § 798.-02 (1976). Although the conviction was reversed on

G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage

Court: Fla. Dist. Ct. App. | Date Filed: 1979-02-26T00:00:00-08:00

Citation: 382 So. 2d 1227, 1979 Fla. App. LEXIS 16373

Snippet: that one of G & B’s employees violated Section 798.02, Florida Statutes (1977), thereby violating Section

G & B of Jacksonville, Inc. v. State, Department of Business Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1979-02-21T00:00:00-08:00

Citation: 371 So. 2d 137, 1979 Fla. App. LEXIS 14178

Snippet: agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section…liquor license for ten days. We affirm. Section 798.02 provides that a person who engages in open and … that the charges were sufficient under Section 798.02 and the findings were supported by competent substantial

G & B of Jacksonville Inc. v. State, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-02-20T23:53:00-08:00

Citation: 371 So. 2d 139

Snippet: agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section…liquor license for thirty days. We affirm. Section 798.02 provides that a person who engages in open and … that the charges were sufficient under Section 798.02 and the findings were supported by competent substantial

Campbell v. State

Court: Fla. | Date Filed: 1976-03-30T23:53:00-08:00

Citation: 331 So. 2d 289

Snippet: particulars, the trial court declared that Section 798.02, Florida Statutes,[1] is constitutional. Subsequently…and Jeffries were arrested for violating Section 798.02, Florida Statutes. At trial, there was evidence…. *290 On appeal, Campbell alleges that Section 798.02, Florida Statutes, supra, is unconstitutionally…opinions construing the second clause of Section 798.02, Florida Statutes, (proscribing "open and … to a violation of the second clause of Section 798.02, supra. Coile involved offensive touching of a