Florida Statute 800.2 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 800
LEWDNESS; INDECENT EXPOSURE

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F.S. 800.02

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.

F.S. 800.02 on Google Scholar

F.S. 800.02 on CourtListener

Amendments to 800.02

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 800.02

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

S800.02 - SEX OFFENSE - UNNATURAL AND LASCIVIOUS ACT - M: S

Cases Citing Statute 800.02

Total Results: 57

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

800 covered "unnatural and lascivious act" (section 800.02), exposure of sexual organ (section 800.03)

Holton v. State

573 So. 2d 284, 1990 WL 141445

Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1518689

Cited 58 times | Published

instruct the jury on unnatural and lascivious act, section 800.02, Florida Statutes (1985), as a lesser included

Franklin v. State

257 So. 2d 21

Supreme Court of Florida | Filed: Dec 17, 1971 | Docket: 359347

Cited 58 times | Published

protected from this sort of reprehensible act under Section 800.02, Florida Statutes, F.S.A., which provides:

Rhodes v. State

283 So. 2d 351

Supreme Court of Florida | Filed: Sep 19, 1973 | Docket: 1490159

Cited 38 times | Published

lascivious" acts with another person under Fla. Stat. § 800.02, F.S.A., to be sufficient "notice" of the acts

Bell v. State

289 So. 2d 388

Supreme Court of Florida | Filed: Dec 20, 1973 | Docket: 1321853

Cited 30 times | Published

Relative to the constitutionality vel non of Section 800.02 which provides: "Whoever commits any unnatural

Jacobs v. State

184 So. 2d 711

District Court of Appeal of Florida | Filed: Apr 5, 1966 | Docket: 1416797

Cited 30 times | Published

Montague v. State, 17 Fla. 662; 1 Bish.New Cr.Law, § 800; 2 Bish.Cr. Proc. § 3." From the foregoing decision

Gonzales v. City of Belle Glade

287 So. 2d 669

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

Cited 23 times | Published

03, Florida Statutes, F.S.A., Fornication; Section 800.02, Florida Statutes, F.S.A., Unnatural and Lascivious

Thomas v. State

326 So. 2d 413

Supreme Court of Florida | Filed: Dec 3, 1975 | Docket: 1729206

Cited 21 times | Published

Dade County upholding the constitutionality of Section 800.02, Florida Statutes, thus vesting jurisdiction

Cox v. FLA. DEPT. OF HEALTH & REHAB. SRVS.

656 So. 2d 902, 1995 WL 242399

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 1683767

Cited 17 times | Published

supporting its case: that homosexual acts violate section 800.02, Florida *904 Statutes (1991),[1] and that

Johnsen v. State

332 So. 2d 69

Supreme Court of Florida | Filed: Apr 21, 1976 | Docket: 1314480

Cited 13 times | Published

impliedly upholding the constitutional validity of Section 800.02, Florida Statutes. We have jurisdiction pursuant

STATE, DEPT. OF HEALTH v. Cox

627 So. 2d 1210, 1993 WL 496042

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219

Cited 12 times | Published

long been the subject of criminal statutes. See § 800.02, Fla. Stat. (1991). The United States Supreme

In Re Florida Bd. of Bar Examiners

358 So. 2d 7

Supreme Court of Florida | Filed: Mar 2, 1978 | Docket: 1311944

Cited 11 times | Published

homosexual acts of the kind criminally outlawed by Section 800.02, Florida Statutes.[*] There should not be admitted

Witherspoon v. State

278 So. 2d 611

Supreme Court of Florida | Filed: May 30, 1973 | Docket: 2231909

Cited 11 times | Published

County which passed on the validity of Fla. Stat. § 800.02, F.S.A. We have jurisdiction pursuant to Fla.

Sherrer v. State

898 So. 2d 260, 2005 WL 607907

District Court of Appeal of Florida | Filed: Mar 17, 2005 | Docket: 1732230

Cited 10 times | Published

of unnatural and lascivious act, pursuant to section 800.02, Florida Statutes (2002), and (II) trial counsel

Mohammed v. State

561 So. 2d 384, 1990 WL 57806

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 1740207

Cited 10 times | Published

to Florida Statutes, section 800.02 (1987)." (State's brief, p. 16). Section 800.02 provides that "whoever

Brinson v. State

278 So. 2d 317

District Court of Appeal of Florida | Filed: May 17, 1973 | Docket: 1356161

Cited 9 times | Published

remand for sentencing as a misdemeanant under Section 800.02, Florida Statutes, it became apparent that

Harris v. State

742 So. 2d 835, 1999 WL 770618

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1303332

Cited 8 times | Published

unnatural and lascivious act, as proscribed by section 800.02, Florida Statutes (1997), and battery. The

Williams v. State

627 So. 2d 1279, 1993 WL 502610

District Court of Appeal of Florida | Filed: Dec 9, 1993 | Docket: 1752850

Cited 7 times | Published

included offenses, unnatural and lascivious act, section 800.02, Florida Statutes, and exposure of sexual organs

Kitts v. State

766 So. 2d 1067, 2000 WL 553926

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740

Cited 6 times | Published

used for purposes other than breastfeeding. See § 800.02, Fla. Stat. (1993)(criminalizing unnatural and

Gaines v. State

652 So. 2d 458, 1995 WL 119227

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 2526427

Cited 6 times | Published

instruction for an unnatural and lascivious act under section 800.02, Florida Statutes (1991). Appellant did not

Christian v. State

272 So. 2d 852

District Court of Appeal of Florida | Filed: Feb 8, 1973 | Docket: 1755060

Cited 6 times | Published

The Franklin opinion went on to suggest that Section 800.02, F.S. 1969, F.S.A., which makes it an offense

McGahee v. State

561 So. 2d 333, 1990 WL 48648

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1480923

Cited 5 times | Published

(section 800.01), unnatural and lascivious acts (section 800.02), and lewd and lascivious or indecent assault

Morris v. State

261 So. 2d 563

District Court of Appeal of Florida | Filed: Apr 7, 1972 | Docket: 1707089

Cited 5 times | Published

Franklin and Joyce, supra, considered that F.S. § 800.02, F.S.A., which condemns as a misdemeanor any "unnatural

Florida Bd. of Bar Examiners Re Nrs

403 So. 2d 1315, 1981 Fla. LEXIS 2857, 21 A.L.R. 4th 1103

Supreme Court of Florida | Filed: Jun 18, 1981 | Docket: 1672581

Cited 4 times | Published

Homosexual acts are prohibited by the criminal law. § 800.02, Fla. Stat. (1979). The question whether they

Campbell v. State

331 So. 2d 289

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

Cited 4 times | Published

v. State, 278 So.2d 611 (Fla. 1973) (as to Section 800.02, Fla. Stat.); Franklin v. State, 257 So.2d

Murray v. State of Florida

384 F. Supp. 574, 1974 U.S. Dist. LEXIS 6010

District Court, S.D. Florida | Filed: Oct 31, 1974 | Docket: 803011

Cited 4 times | Published

with another person in violation of Fla.Stat. § 800.02 (1973), and one count of causing a minor under

State v. Fasano

284 So. 2d 683

Supreme Court of Florida | Filed: Oct 17, 1973 | Docket: 2560911

Cited 4 times | Published

County which passed upon the validity of Fla. Stat. § 800.02, F.S.A. (1971). We have jurisdiction pursuant

Funiciello v. State

179 So. 3d 388, 2015 Fla. App. LEXIS 16703, 2015 WL 6757629

District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 60251749

Cited 3 times | Published

punishable as provided in s. 775.082 or s. 775.083. § 800.02, Fla. Stat. (2011). The applicable standard jury

Caves v. State

303 So. 2d 658

District Court of Appeal of Florida | Filed: Nov 6, 1974 | Docket: 1314165

Cited 3 times | Published

charge of lewd and lascivious conduct. Fla. Stat. § 800.02 (1973). Caves entered a plea of guilty to that

State Ex Rel. Brewer v. Pettie

294 So. 2d 120

District Court of Appeal of Florida | Filed: May 3, 1974 | Docket: 1425343

Cited 2 times | Published

and relator was charged with a violation of F.S. § 800.02, F.S.A. 1971. Prior to trial relator moved for

Robert Wayne Lincoln v. State of Florida

District Court of Appeal of Florida | Filed: Dec 30, 2024 | Docket: 69505486

Published

and for an unnatural or lascivious act under section 800.02, both category two lesser-included offenses

McKee v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369593

Published

lesser of unnatural and lascivious act under section 800.02. The trial court instructed the jury on battery

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

“unnatural” or “against the laws of nature” in order for § 800.02, Fla. Stat., to be given as a lesser-included

FRANCISCO XAVIER DE ARAGON II v. STATE OF FLORIDA

273 So. 3d 26

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658410

Published

offense of unnatural and lascivious act under section 800.02, Florida Statutes (2015). The information need

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

"unnatural" or "against the laws of nature" in order for § 800.02, Fla. Stat., to be given as a lesser-included

State of Florida v. Ronnie J. Knighton

235 So. 3d 312

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289805

Published

reasoned that “the legislature intended for section 800.02 [unnatural and lascivious act] to be applied

Francis Wong v. State of Florida

212 So. 3d 351, 42 Fla. L. Weekly Supp. 250, 2017 WL 823611, 2017 Fla. LEXIS 424

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612630

Published

the offense of unnatural and lascivious act. See § 800.02, Fla. Stat. (“A person who commits any unnatural

Donald Vernon Kelley v. State of Florida

204 So. 3d 37, 2016 Fla. App. LEXIS 13340

District Court of Appeal of Florida | Filed: Sep 6, 2016 | Docket: 4419311

Published

act that (2) was unnatural and lascivious. See. § 800.02, Fla. Stat.; Fla. St. Jury Instr. (Crim.) 11.8

Ronnie J. Knighton v. State of Florida

193 So. 3d 115, 2016 Fla. App. LEXIS 7965, 2016 WL 3003343

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071382

Published

that the legislature must have “intended for section 800.02 [unnatural and lascivious act] to be applied

Wong v. State

184 So. 3d 1122, 2015 Fla. App. LEXIS 13555, 2015 WL 5306154

District Court of Appeal of Florida | Filed: Sep 11, 2015 | Docket: 2781450

Published

The crime of unnatural and lascivious act, section 800.02, Florida Statutes (1999-2010),5 is a category

In re Standard Jury Instructions in Criminal Cases—Report No. 2010-03

48 So. 3d 41, 35 Fla. L. Weekly Supp. 559, 2010 Fla. LEXIS 1641, 35 Fla. L. Weekly Fed. S 559

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 60296604

Published

APPENDIX 11.8 COMMITTING UNNATURAL AND LASCIVIOUS ACT § 800.02, Fla. Stat. To prove the crime of Committing an

Schuster v. State

17 So. 3d 304, 2009 Fla. App. LEXIS 575, 2009 WL 187583

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1645591

Published

one count of an unnatural and lascivious act, section 800.02, as a lesser included offense. The charges

Slicker v. State

941 So. 2d 1191, 2006 Fla. App. LEXIS 17931, 2006 WL 3040664

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 64847806

Published

unnatural and lascivious act in violation of section 800.02, which required proof of a lascivious intent

Leveille v. State

927 So. 2d 1008, 2006 Fla. App. LEXIS 5635, 2006 WL 1007249

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64844469

Published

another person, a misdemeanor, pursuant to section 800.02, Florida Statutes. The jury instructions for

Conforti v. State

800 So. 2d 350, 2001 Fla. App. LEXIS 16650, 2001 WL 1502899

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 64810344

Published

prison. We reverse the revocation of probation. Section 800.02, Florida Statutes (2000), provides: A person

Lowman v. Moore

744 So. 2d 1210, 1999 Fla. App. LEXIS 14803, 1999 WL 1015290

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 64792235

Published

unnatural and lascivious act, a violation of section 800.02, Florida Statutes (1995), a misdemeanor. Age

Jones v. State

718 So. 2d 1286, 1998 Fla. App. LEXIS 13164, 1998 WL 727306

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 64783472

Published

an unnatural and lascivious act pursuant to section 800.02 — in conjunction with the court’s charge on

Mello v. State

633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 64746810

Published

concur. . § 800.04(3), Fla.Stat. (1991). . § 800.02, Fla.Stat. (1991).

Button v. State

641 So. 2d 106, 1994 Fla. App. LEXIS 1664, 1994 WL 63492

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64750289

Published

was punishable only as a misdemeanor under section 800.02, Florida Statutes (1971). Button’s 1972 act

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

is entitled "LEWDNESS; INDECENT EXPOSURE." Section 800.02 criminalizes "unnatural and lascivious act[s]

Clark v. SCHOOL BD. OF LAKE CTY., FLA.

596 So. 2d 735, 1992 WL 57158

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 1296086

Published

inferred that the school board's order refers to section 800.02, Florida Statutes. However, it was not contained

Mohr v. State

370 So. 2d 17, 1979 Fla. App. LEXIS 14174

District Court of Appeal of Florida | Filed: Feb 20, 1979 | Docket: 64569889

Published

Judge, dissenting. This case involves Florida Statute 800.02. Petitioner, Glenn Thomas Mohr, was charged

State v. Sandstrom

344 So. 2d 554

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 1182328

Published

the only issue is the constitutionality of Section 800.02, Florida Statutes. That issue has been decided

Zimmerman v. State

320 So. 2d 41, 1975 Fla. App. LEXIS 15402

District Court of Appeal of Florida | Filed: Oct 17, 1975 | Docket: 64549473

Published

and HOBSON and SCHEB, JJ., concur. . Fla.Stat. § 800.02 (1969).

Parisi v. State

265 So. 2d 699, 1972 Fla. LEXIS 3546

Supreme Court of Florida | Filed: Jul 26, 1972 | Docket: 64527279

Published

directions to enter judgments of guilt under Fla.Stat. § 800.02, F.S.A., which is a misdemeanor, and to impose

Vina v. State

265 So. 2d 367, 1972 Fla. LEXIS 3521

Supreme Court of Florida | Filed: Jul 26, 1972 | Docket: 64527152

Published

this case, the conduct denounced in Fla.Stat. § 800.02, F.S.A., is a lesser included offense. Therefore

Blackmon v. State

262 So. 2d 264, 1972 Fla. App. LEXIS 6741

District Court of Appeal of Florida | Filed: May 4, 1972 | Docket: 64525966

Published

directions to enter a judgment of guilty of Section 800.02 which is a misdemeanor, and to impose sentence