Florida Statute 798.02 - 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. 798.02

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.

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Amendments to 798.02

Annotations, Discussions, Cases:

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

Cases Citing Statute 798.02

Total Results: 24

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

no constitutional violation as a result of section 798.02, Florida Statutes (1999), which makes it a

Gonzales v. City of Belle Glade

287 So. 2d 669

Supreme Court of Florida | Filed: Dec 20, 1973 | Docket: 2577590

Cited 23 times | Published

all, or at least some, of the elements of: Section 798.02, Florida Statutes, F.S.A., Lewd and Lascivious

Poe v. Estate of Levy

411 So. 2d 253

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 1696987

Cited 21 times | Published

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

Cabrera v. State

884 So. 2d 482, 2004 WL 2254537

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1282202

Cited 19 times | Published

that each act was committed in violation of section 798.02, Florida Statutes (2002), which provides: If

Lanier v. State

443 So. 2d 178

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1459043

Cited 11 times | Published

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

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

965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

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

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

371 So. 2d 139

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 2574145

Cited 5 times | Published

B's agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating

State v. Summer

26 So. 2d 336, 157 Fla. 371, 1946 Fla. LEXIS 748

Supreme Court of Florida | Filed: Apr 30, 1946 | Docket: 3263951

Cited 5 times | Published

lewd and lascivious conduct statute, to-wit: Section 798.02; F.S.A., and that it should be alleged in instant

State v. Waller

621 So. 2d 499, 1993 WL 242712

District Court of Appeal of Florida | Filed: Jun 30, 1993 | Docket: 1265726

Cited 4 times | Published

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

Alford v. Alford

594 So. 2d 843, 1992 WL 35368

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1741878

Cited 4 times | Published

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

Campbell v. State

331 So. 2d 289

Supreme Court of Florida | Filed: Mar 31, 1976 | Docket: 1287950

Cited 4 times | Published

particulars, the trial court declared that Section 798.02, Florida Statutes,[1] is constitutional. Subsequently

State v. Coyle

718 So. 2d 218, 1998 WL 428809

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 466289

Cited 1 times | Published

CURIAM. This case presents the issue of whether section 798.02, Florida Statutes (1995), is unconstitutionally

Brown v. State

232 So. 2d 55

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

Cited 1 times | Published

enticing away for prostitution; F.S. 1967, Section 798.02, F.S.A., lewd and lascivious behavior; F.S

Department of Children & Families v. P.F.

107 So. 3d 1123, 2013 WL 645321

District Court of Appeal of Florida | Filed: Feb 18, 2012 | Docket: 60228559

Published

Section 794.011, relating to sexual battery; c. Section 798.02, relating to lewd and lascivious behavior;

State v. Arrington

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

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 64791211

Published

Arrington and Gidget Karlik brought pursuant to section 798.02, Florida Statutes (1997). We have jurisdiction

Stephens v. State

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

District Court of Appeal of Florida | Filed: Sep 5, 1995 | Docket: 64758575

Published

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

Bordo, Inc. v. State

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

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

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

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

prohibits living "in an open state of adultery." Section 798.02 prohibits a man and woman not married to each

Florida Bar v. Turner

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

Supreme Court of Florida | Filed: Mar 29, 1979 | Docket: 64569586

Published

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

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

District Court of Appeal of Florida | Filed: Feb 26, 1979 | Docket: 64575770

Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 26, 1979 | Docket: 64575770

Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 64570249

Published

B’s agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating

Coile v. State

212 So. 2d 94, 1968 Fla. App. LEXIS 5271

District Court of Appeal of Florida | Filed: Jun 18, 1968 | Docket: 64505925

Published

the court reduced the charge to a violation of § 798.-02, Fla.Stat. (1967), F.S.A.1 At the conclusion of

Puleo v. State

109 So. 2d 39

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

Published

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