Arrestable Offenses / Crimes under Fla. Stat. 798.02
S798.02 - LEWD LASCV BEHAVIOR - MAN WOMAN MARRIED UNMARR ENGAG OPEN LEWD LASCV - M: S
CopyCited 25 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 11893, 2000 WL 1345513
...s v. Phillips,
215 So.2d 83, 84 (Fla. 3d DCA 1968) (citation omitted). As discussed above, a domestic partnership created by the Act does not rise to the level of a traditional marital relationship. We find no constitutional violation as a result of section
798.02, Florida Statutes (1999), which makes it a second degree misdemeanor for "any man and woman, not being married to each other" to "lewdly and lasciviously associate and cohabit together." We agree with the trial court that there is no c...
...ION BECAUSE: (1) THE ACT IMPROPERLY INTRUDES INTO A MATTER PURELY OF STATEWIDE CONCERN UNDER CITY OF MIAMI BEACH V. FLEETWOOD HOTEL, INC.,
261 So.2d 801, 804 (Fla.1972); or (2) THE ACT IS INCONSISTENT WITH SECTIONS
741.212,
112.08(2)(a),
741.211, OR
798.02, FLORIDA STATUTES (1999)? AFFIRMED IN PART; REVERSED IN PART....
CopyCited 23 times | Published | Supreme Court of Florida
...rida Statutes, F.S.A., Open profanity; and, Section 847.05, Florida Statutes, F.S.A., Using indecent or obscene language. See also State v. Magee,
259 So.2d 139 (Fla. 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 798.03, Florida Statutes, F.S.A., Fornication; Section
800.02, Florida Statutes, F.S.A., Unnatural and Lascivious Acts; and, Section
800.03, Florida Statutes, F.S.A., Exposure of sexual organs....
CopyCited 21 times | Published | Florida 4th District Court of Appeal
...ies may be cohabiting illicitly as long as it is clear there was valid, lawful consideration separate and apart from any express or implied agreement regarding sexual relations. 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....
CopyCited 19 times | Published | Florida 5th District Court of Appeal | 2004 WL 2254537
...lascivious behavior. Specifically, count four of the information alleged that Cabrera touched the breasts of the victim and count five alleged that he touched the buttocks of the victim. 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, engages in open and gross lewdness a...
...In accordance with Cruller, we begin our search for clear legislative intent by examining the language, structure, and legislative history of section
800.04. Cruller,
808 So.2d at 203. Id. at 1170. Our examination of the language, structure and legislative history of section
798.02 leads us to conclude that there is no clear legislative intent to authorize two separate punishments for acts of lewd and lascivious behavior alleged to be in violation of the statute....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...At the outset, the defendant makes clear that he does not attempt to defend his conduct; indeed, he freely acknowledges that it is reprehensible. What he does defend is his right to be charged under a statute which embraces such conduct. Thus, while he suggests that he may have been prosecuted for lewd cohabitation, § 798.02, Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370
...--- Attempt
777.04(1) 5.1 --------------------------------------- Comment This instruction was adopted in 2007. 11.11 LEWD AND LASCIVIOUS BEHAVIOR LEWD OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON [§
798.02 reserved] §
825.1025, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Harry Katz, Jr., of Katz & Katz, Jacksonville, for appellant. *140 Dennis E. LaRosa and David M. Maloney, Tallahassee, for appellee. MILLS, Acting Chief Judge. 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
561.29, Florida Statutes (1977), and suspending G & B's liquor license for thirty days. We affirm. Section
798.02 provides that a person who engages in open and gross lewdness and lascivious behavior shall be guilty of a misdemeanor of the second degree....
...ts or employees, on the licensed premises, while in the scope of employment, has violated any law of this State. We do not deem it necessary to recite the charges and findings of the Division. Suffice it to say that the charges were sufficient under Section 798.02 and the findings were supported by competent substantial evidence....
CopyCited 5 times | Published | Supreme Court of Florida | 157 Fla. 371, 1946 Fla. LEXIS 748
...o commit rape prescribed by section
800.04- F.S.A. is a distinguishing element that defines the new field of coverage from our pre-existing statute against assault with attempt to commit rape and from our lewd and lascivious conduct statute, to-wit: Section
798.02; F.S.A., and that it should be alleged in instant information that the matters and things charged therein were done ‘without intent to commit rape upon said child’; NOW THEREFORE IT IS ORDERED AND ADJUDGED that said motion to quash...
CopyCited 4 times | Published | Supreme Court of Florida
...Marky, Asst. Atty. Gen., for appellee. SUNDBERG, Justice. This cause is before us on appeal from the Escambia County Court. 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....
...Among these establishments was Robbie's YumYum Tree Lounge, where appellant was employed as a waiter. At approximately 2:00 a.m. on July 6, 1974, two of four undercover agents who had been in the YumYum Tree for some two hours saw appellant fondle one Jeffries, a patron; both Campbell and Jeffries were arrested for violating Section 798.02, Florida Statutes....
...inst Jeffries. Testifying in his own defense, appellant denied that such an event had ever occurred. The jury returned a verdict of guilty but had its foreman write the words "with leniency" on the verdict form. *290 On appeal, Campbell alleges that Section 798.02, Florida Statutes, supra, is unconstitutionally vague and was applied to him in an unconstitutional manner....
...Finding as we do that the conviction cannot stand because the conduct proven does not constitute a crime under that statute, it is not necessary to reach the issue of constitutionality. There have been only three reported appellate opinions construing the second clause of Section 798.02, Florida Statutes, (proscribing "open and gross lewdness and lascivious behavior"), which provides the basis for the charges against this appellant....
...3rd 1968), defendant was charged with the violation of Section
800.04, Florida Statutes, (lewd, lascivious, or indecent assault or act upon or in the presence of a child), and the trial court reduced the charge to a violation of the second clause of Section
798.02, supra....
...Our holding today is that there must be more to constitute "open and gross lewdness and lascivious behavior" than this record discloses and that a jury of reasonable persons could not reasonably have concluded that appellant's conduct at the time and place and under the circumstances it occurred constituted a violation of Section 798.02, Florida Statutes....
...At approximately 2:00 a.m. on July 6, 1974, two of the four undercover agents in Robbie's YumYum Tree Lounge saw Appellant, a waiter in that establishment, fondle one Mr. Jeffries, a customer there; whereupon, both Appellant and Jeffries were arrested for violation of Section 798.02, Florida Statutes....
...[1] The Yum *292 Yum Tree, a bar which caters to homosexuals, has a sign in front which welcomes everyone into the club but states that it does cater to "gay" people and that anyone offended by this should not enter. On this appeal Appellant (1) challenges the constitutionality of the second clause of Section 798.02, Florida Statutes; (2) contends that the manner of his arrest was an unconstitutional application of that Section; and (3) asserts that the information fails to charge a crime under that Section. Despite the majority's refusal to reach the constitutional issues I feel compelled by the majority opinion and Justice England's concurrence to discuss them. It is Appellant's position that the second clause of Section 798.02, Florida Statutes ("......
...[5] Furthermore, this Court has observed that, to make a statute sufficiently certain to comply with constitutional requirements, it is not necessary that it furnish detailed plans and specifications of the acts or conduct prohibited. [6] Therefore, I conclude that Section 798.02, Florida Statutes, is constitutional. I am aware of the series of early cases [7] interpreting *293 "lewd and lascivious" as contained in Section 798.02, Florida Statutes; however, I distinguish these cases on the grounds that they related to the first, not the second, clause thereof and that each involved acts of sexual intercourse, an element not pressent sub judice....
...The Information charged as follows: "... that Charles Thomas Campbell ... did unlawfully engage in open and gross lewd and lascivious behavior by fondling the groin area or the penis of a male person ... in Robbie's YumYum Tree... contrary to the provisions of section 798.02, Florida Statutes......
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 242712
...Because the statutory definition uses the word "obscene," the circuit court also concluded that the county court on remand must apply the Miller three-prong test for obscenity. A brief discussion of the earlier cases is warranted. In Campbell, the defendant was convicted under section
798.02, Florida Statutes, which proscribes "open and gross lewdness and lascivious behavior." As observed by the supreme court, that concept is defined by case law as conduct which is "extremely indecent, immoral and offensive."
331 So.2d at 290....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 35368
...: that the clause violates public policy or that the clause conflicts with the "non-interference" clause in the same agreement. We find no merit in either contention. First, we find no public policy in Florida favoring cohabitation. To the contrary, section 798.02, Florida Statutes (1991) declares such conduct to be criminal and classifies it as a second degree misdemeanor....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1998 WL 428809
...*219 Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant. Luke Charles Lirot of Luke Charles Lirot, P.A., Tampa, for Appellees. PER CURIAM. This case presents the issue of whether section 798.02, Florida Statutes (1995), is unconstitutionally vague....
...licensed adult club in Tampa. At 10:10 p.m. on the same night, two Tampa undercover police officers arrested Coyle and Flatley. The women were charged with second-degree misdemeanors for "open and gross lewd and lascivious behavior" in violation of section 798.02....
...Because the county court declared a state statute unconstitutional, we have jurisdiction. See State v. Freund,
561 So.2d 305 (Fla. 3d DCA 1990). Chapter 798, Florida Statutes, is entitled "Adultery; Cohabitation." There are only two sections in this chapter. Section
798.02 reads: Lewd and lascivious behavior.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, 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. §
798.02 (emphasis added)....
...which has a relation to sexual impurity. It is generally used to indicate gross indecency with respect to the sexual relations.
255 So.2d at 677 (citations omitted). Five years after Chesebrough, the Florida Supreme Court reversed a conviction under section
798.02, the statute at issue in this case....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...prisonment may be either in the county jail or in the state prison: F.S. 1967, Section
782.07, F.S.A., manslaughter; F.S. 1967, Section 784.04, F.S.A., aggravated assault; F.S. 1967, Section 795.02, F.S.A., enticing away for prostitution; F.S. 1967, Section
798.02, F.S.A., lewd and lascivious behavior; F.S....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9320, 1995 WL 518804
...Accordingly, the special condition imposed below as the tenth condition of probation is invalid under Biller . We REVERSE and REMAND with the instruction that the order of probation be amended in accordance with this opinion. MICKLE, J., concurs. WEBSTER, J., concurs in result. . Section 798.02, Florida Statutes (1993), prohibits any man and woman, who are not married to each other, from "lewdly and lasciviously” associating and cohabitating with each other.
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4626
County, Florida, of a violation of Fla.Stat. § 798.-02 (1976). Although the conviction was reversed on
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5271
the court reduced the charge to a violation of § 798.-02, Fla.Stat. (1967), F.S.A.1 At the conclusion of
CopyPublished | District Court of Appeal of Florida
...Many of our criminal statutes authorize the court, in felony cases, to sentence one convicted thereunder either to jail, to the state penitentiary, or to pay a fine. Among such statutes are F.S.A. § 799.01, relating to bigamy, and F.S.A. §
798.01 and §
798.02, relating to adultery and to lewd and lascivious conduct....
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 16373
MITCHELL, HENRY CLAY, Jr., Associate Judge. G & B seeks review of an order of the Division of Beverage finding that one of G & B’s employees violated Section
798.02, Florida Statutes (1977), thereby violating Section
561.29, Florida Statutes (1977), and suspending G & B’s liquor license....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14178
MILLS, Acting Chief Judge. 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
561.29, Florida Statutes (1977), and suspending G & B’s liquor license for ten days. We affirm. Section
798.02 provides that a person who engages in open and gross lewdness and lascivious behavior shall be guilty of a misdemeanor of the second degree....
...ts or employees, on the licensed premises, while in the scope of employment, has violated any law of this State. We do not deem it necessary to recite the charges and findings of the Division. Suffice it to say that the charges were sufficient under Section 798.02 and the findings were supported by competent substantial evidence....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 645321
...der the following statutes or substantially similar statutes of other jurisdictions: *1125 a. Section
787.04, relating to removing minors from the state or concealing minors contrary to court order; b. Section
794.011, relating to sexual battery; c. Section
798.02, relating to lewd and lascivious behavior; d....
CopyPublished | Florida 5th District Court of Appeal | 1988 Fla. App. LEXIS 575, 1988 WL 8444
...State,
349 So.2d 792 (Fla. 2d DCA 1977). Requiring a probationer to marry the mother of his child has also been disapproved. See Michalow v. State,
362 So.2d 456 (Fla. 4th DCA 1978). . Section
798.01 prohibits living "in an open state of adultery." Section
798.02 prohibits a man and woman not married to each other from "lewdly and lasciviously” associating and cohabiting together.
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11935, 1993 WL 492540
...ed in such place." This violation is also a misdemeanor. Section
800.04 forbids certain conduct upon or in the presence of a minor; this provision, however, is a felony. Chapter 798, entitled "ADULTERY; COHABITATION,” has a "lewdness” provision. Section
798.02 makes it illegal for "any man and woman, not being married to each other,” to "lewdly and lasciviously associate and cohabit together,” on the one hand, and also makes it illegal for any man or woman to engage in "open and gross le...
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 11098, 1999 WL 621566
NORTHCUTT, Judge. On appeal, the State challenges the county court’s dismissal of misdemeanor charges against Christy Arrington and Gidget Karlik brought pursuant to section 798.02, Florida Statutes (1997)....
...Freund,
561 So.2d 305 (Fla. 3d DCA 1990). We have already decided this issue in the State’s favor. See State v. Coyle,
718 So.2d 218 (Fla. 2d DCA 1998), review denied,
729 So.2d 390 (Fla.1999). Accordingly, we reverse. Because the court declared section
798.02 facially unconstitutional, it did not reach the merits of whether Arrington’s and Karlik’s conduct violated the statute....
