800.02
Unnatural and lascivious act.
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800.02 Unnatural and lascivious act.—A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section.
History.—s. 1, ch. 7361, 1917; RGS 5425; CGL 7568; s. 778, ch. 71-136; s. 2, ch. 93-4.
Notes of Decisions
Cited in 63
cases (2 in the last 5 years), 1971–2024 · leading case: In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018)
“2018), modifies that lesser-included offense, as follows: The courts do not require the State to allege the defendant's act was "unnatural" or "against the laws of nature" in order for § 800.02, Fla. Stat., to be given as a lesser-included offense.”
Thomas v. State (1975)
“Having been transferred by the District Court of Appeal, Third District, this cause is before us on direct appeal from an order of the Circuit Court in and for Dade County upholding the constitutionality of Section 800.02, Florida Statutes, thus vesting jurisdiction in this…”
Cox v. FLA. DEPT. OF HEALTH & REHAB. SRVS. (1995)
“NOTES [1] Section 800.02, Florida Statutes (1991), states: Whoever commits any unnatural and lascivious act with another person shall be guilty of a misdemeanor of the second degree, punishable as provided in s.”
Johnsen v. State (1976)
“Marky and Frank Gomez, Asst. Attys. Gen., for appellee.”
Mohammed v. State (1990)
“" "Unnatural" is defined generally as violating natural law; inconsistent with an individual pattern or custom; deviating from a behavioral, ethical, or social norm.”
State of Florida v. Ronnie J. Knighton (2018)
“At trial, Knighton requested- that the trial court instruct the jury on the permissive lesser included offense of unnatural and lascivious act under section 800.02, Florida Statutes (2013). The standard jury instruction for unnatural and lascivious act reads as follows: To prove…”
Holton v. State (1991)
“We disagree with Holton's assertion that the trial court erroneously denied his request to instruct the jury on unnatural and lascivious act, section 800.02, Florida Statutes (1985), as a lesser included offense of sexual battery with great force, section 794.”
Sherrer v. State (2005)
“He contends on appeal that (I) the trial court erred by refusing to give a jury instruction on the lesser-included offense of unnatural and lascivious act, pursuant to section 800.02, Florida Statutes (2002), and (II) trial counsel provided ineffective assistance on the face of…”
State v. Smith (2000)
“§ 5-14-122 (Michie 1993); Fla. Stat. Ann. § 800.02 (West 1993); Idaho Code § 18-6605 (Michie 1993); Kan.”
Franklin v. State (1971)
“We anticipate and recommend legislative study of the subject and, pending further legislation in the matter, society will continue to be protected from this sort of reprehensible act under Section 800.02, Florida Statutes, F.S.A., which provides: "Unnatural and lascivious act.”
Wong v. State (2015)
“Wong was entitled to the requested instruction The State charged Wong with five counts of lewd or lascivious molestation and one count of lewd or lascivious battery.”
Funiciello v. State (2015)
“§ 800.02, Fla. Stat. (2011). The applicable standard jury instruction reads: 11.”
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