The 2023 Florida Statutes (including Special Session C)
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. . . allowing for the instruction on the lesser included offense of unnatural and lascivious act under section 800.02 . . .
. . . If the sexual activity involved penile-vaginal sexual intercourse (or contact), § 800.02, Fla. . . . If the sexual activity involved penile-vaginal sexual intercourse (or contact), § 800.02, Fla. . . . If the sexual activity involved penile-vaginal sexual intercourse (or contact), § 800.02, Fla. . . . *Because the crime of Unnatural and Lascivious Act (§ 800.02, Fla. . . . If the sexual activity involved penile-vaginal sexual intercourse (or contact), § 800.02, Fla. . . .
. . . The Second District reasoned that “the legislature intended for section 800.02 [unnatural and lascivious . . . situations than would fall under section 800.04 [lewd or lascivious battery], The term ‘unnatural’ in 800.02 . . . distinguishes 800.02 from 800.04, and implies something more than what is covered by 800.04” Id. . . . Thus, in reading sections 800.02 and 800.04(4) in a way that gives full effect to all statutory provisions . . . The Fourth District’s contrary conclusion below renders the crimes under sections 800.02 and 800.04(4 . . .
. . . See § 800.02, Fla. Stat. . . . Section 800.02 has remained the same at all relevant times. . . . .
. . . . § 800.02, Fla. Stat.; Fla. St. Jury Instr. (Crim.) 11.8. . . .
. . . The court reasoned that the legislature must have “intended for section 800.02 [unnatural and lascivious . . . The term ‘unnatural’ in 800.02 distinguishes 800.02 from 800.04, and implies something more than what . . .
. . . That offense is defined as follows: 800.02. . . . . § 800.02, Fla. Stat. (2011). . . . The applicable standard jury instruction reads: 11.8 COMMITTING UNNATURAL AND LASCIVIOUS ACT § 800.02 . . . encompass virtually all sexual crimes against children aside from sexual battery, and thus section 800.02 . . . 800.04 addressed sex acts against children before 1999 and the courts still concluded that section 800.02 . . .
. . . The crime of unnatural and lascivious act, section 800.02, Florida Statutes (1999-2010), is a category . . . I cite to a span of years for section 800.02 because the offenses with which Wong was charged were alleged . . . I note that section 800.02 has not been amended since 1993. - . . . . Section 11.8 is the standard jury instruction for “Committing Unnatural and Lascivious Act,” section 800.02 . . .
. . . None Attempt 777,04(1)5.1 Assault 784.011 8.1 Battery . 784.03 8.3 Unnatural and lascivious act 800.02 . . . None_ Attempt_777.04(1)5.1 Assault 784.011 8.1 Battery_784.03 8.3 Unnatural and lascivious act 800.02 . . . None Attempt 777.04(1) 5.1 Assault 784.011 8.1 Battery 784.03 8.3 Unnatural and lascivious act 800.02 . . . None Attempt_777.04(1) 5.1 Exposure of Sexual Organs 800.03 11.9 Unnatural and lascivious act 800.02 . . . None Attempt 777.04(1) 5.1 Assault 784.011 8.1 Battery 784.03 8.3 Unnatural and lascivious act 800.02 . . .
. . . . ($1,422,367.41 in the Koresko Law Firm account and $800.02 in the John J. Koresko account). c. . . .
. . . STAT, None Attempt_777.04(1) 51 Unnatural and 800.02 11.8 lascivious act Comment This instruction was . . .
. . . ._ _Assault_784.011_81_ Battery_784.03&3 Unnatural and lascivious act 800.02 11.8 Comment This instruction . . .
. . . . § 800.02. . . . Ann. § 800.02. . . . Ann. § 800.02. . . . The Conforti court held that the defendant had not violated section 800.02 because it “cannot be said . . . But the “with another person” element of section 800.02 is not satisfied simply because a defendant is . . .
. . . APPENDIX 11.8 COMMITTING UNNATURAL AND LASCIVIOUS ACT § 800.02, Fla.Stat. . . .
. . . count of lewd and lascivious molestation, and one count of an unnatural and lascivious act, section 800.02 . . .
. . . sensual intent[,]” and the offense of committing an unnatural and lascivious act in violation of section 800.02 . . .
. . . committing an unnatural and lascivious act with another person, a misdemeanor, pursuant to section 800.02 . . .
. . . jury instruction on the lesser-included offense of unnatural and' lascivious act, pursuant to section '800.02 . . . encompass virtually all sexual crimes against children aside from sexual battery, and thus section 800.02 . . . 800.04 addressed sex acts against children before 1999 and the courts still concluded that section 800.02 . . . The information against Sherrer and the proof against him charged and proved a violation of section 800.02 . . .
. . . . §§ 800.02(1), 800.04, 800.095, 800.115(2); see also City of Milwaukee v. . . .
. . . Stat. §§ 66.0114, 800.02(1). . . . See id. § 800.02(1). . . . (2)(a) or a summons under 800.02(4).”) . . . Id. § 800.02(2)(a)9. . . . Compare id. § 800.02(2)(a) to id. § 800.02(4)(a). . . .
. . . Section 800.02, Florida Statutes (2000), provides: A person who commits any unnatural and lascivious . . . We agree with appellant’s preliminary argument that no violation of section 800.02 occurred here for . . . The legislature seems to have implicitly recognized that section 800.02 would not be applicable to behavior . . .
. . . . § 800.02(6) (requiring “reasonable grounds” for arrest on suspicion of violating municipal ordinance . . .
. . . Chapter 800 covered "unnatural and lascivious act” (section 800.02), exposure of sexual organ (section . . .
. . . . § 800.02(1); Village of Bayside v. Bruner, 33 Wis.2d 533, 535, 148 N.W.2d 5 (1967). . . . Stat. § 800.02(6). . . . The Wisconsin Supreme Court has held that the “reasonable grounds” needed for an arrest under § 800.02 . . . Stat. § 800.02(1); Bruner, 33 Wis.2d at 535, 148 N.W.2d 5. . . .
. . . offense of section 800.04(1) is commission of an unnatural and lascivious act, a violation of section 800.02 . . . The trial court is directed to enter judgment against Lowman for violation of section 800.02, and to . . .
. . . Count I, however, charges sexual intercourse, and that is not something that’s prohibited by 800.02, . . . The history of section 800.02, which' proscribes “unnatural and lascivious acts” indicates that it has . . . The jury instructions for section 800.02 define “unnatural” as “not in accordance with nature or with . . . interpret the statutes as Appellant would have us interpret them, there would be no need for section 800.02 . . . The term “unnatural” in 800.02 distinguishes 800.02 from 800.04, and implies something more than what . . .
. . . lesser included offense instruction — committing an unnatural and lascivious act pursuant to section 800.02 . . .
. . . I find this a puzzling concession because section 800.02 by its own terms is not limited to homosexuals . . . I find that HRS’s construction of section 800.02 is not supported by the case law. . . . There is no Florida case holding that private, nonharmful consensual acts violate section 800.02. . . . 800.02 would apply “[u]nder the evidence in this case.” . . . State, 257 So.2d 21 (Fla.1971) (section 800.02 reaches certain sexual acts in public place). . . .
. . . instructions for lewd assault, read the instruction for an unnatural and lascivious act under section 800.02 . . .
. . . See 800.02, Fla.Stat. (1993); Schmitt v. . . .
. . . . § 800.02, Fla.Stat. (1991). . . .
. . . the female sexual organ by the male sexual organ was punishable only as a misdemeanor under section 800.02 . . .
. . . Williams’ request for instructions on two lesser included offenses, unnatural and lascivious act, section 800.02 . . . court denied the requested instruction, reasoning that section 800.04 addresses and includes section 800.02 . . . Section 800.02 provides: Whoever commits any unnatural and lascivious act with another person shall be . . .
. . . Section 800.02 criminalizes "unnatural and lascivious act[s] with another” and makes a such violations . . .
. . . See § 800.02, Fla.Stat. (1991). . . .
. . . court erroneously denied his request to instruct the jury on unnatural and lascivious act, section 800.02 . . . There was no error because section 800.02 is not a necessarily lesser included offense of section 794.011 . . .
. . . Section 800.02 provides that “whoever commits any unnatural and lascivious act with another person shall . . . Section 800.02 does not define a criminal offense with the specificity found in the Georgia statute, . . . and the definitions of the general terms used in section 800.02 are so broad and subjective that they . . . This conclusion is reinforced by the obvious lack of prosecutions in Florida under section 800.02 to . . . Section 800.02 has vagueness problems similar to section 800.01 in its use of the term "unnatural.” . . .
. . . 800, which prohibited crimes against nature (section 800.01), unnatural and lascivious acts (section 800.02 . . . the matter, society will continue to be protected from this sort of reprehensible act under Section 800.02 . . . the conviction and remanded with directions to adjudicate the defendant guilty of violating section 800.02 . . . result, the conduct committed by the defendant could only be punished as a misdemeanor under section 800.02 . . . After Franklin, the conduct became punishable under the lesser-included offense of section 800.02. . . .
. . . . § 800.02(6) (1985-86). . . .
. . . Sexual battery — 794.011(5) Battery — 784.03 Attempt Assault — 784.011 Unnatural and lascivious act — 800.02 . . . None Attempt Exposure of sexual organs —800.03 None Unnatural and lascivious act — 800.02 Lewd, lascivious . . . presence of child— 800.04 None Attempt Assault — 784.011 Battery — 784.03 Unnatural and lascivious act — 800.02 . . .
. . . . § 800.02 (West 1984). . . .
. . . Sexual battery— 794.011(5) Battery — 784.03 Attempt Assault — 784.011 Unnatural and lascivious act — 800.02 . . . None Attempt Exposure of sexual organs — 800.03 None Unnatural and lascivious act— 800.02 Lewd, lascivious . . . presence of child — 800.04 None Attempt Assault — 784.011 Battery — 784.03 Unnatural and lascivious act— 800.02 . . .
. . . . §800.02 (1985) (60-day maximum); Ga. . . .
. . . officer has been found guilty of violating Sections 790.17, 790.18, 790.24, 790.27, 796.06, 796.07, 800.02 . . .
. . . Durden’s groin area, contrary to the provisions of Section 800.02, Florida Statutes”. . . . With reference to the charge in the first Count (violation of Section 800.02, Florida Statutes), Appellant . . . State, 261 So.2d 563 (Fla. 2nd DCA-1972), Section 800.02, Florida Statutes proscribes only the male homosexual . . .
. . . Petitioner alleges that § 800.02, Fla.Stat. (1979), which proscribes unnatural and lascivious acts, cannot . . . We have upheld § 800.02. See Witherspoon v. State, 278 So.2d 611 (Fla.1973). . . . See sections 796.07 and 800.02, Florida Statutes (1979). . . . . § 800.02, Fla. Stat. (1979). . . .
. . . This case involves Florida Statute 800.02. . . . lascivious act with another person” in that he did “rub the genital area” of that person contrary to section 800.02 . . . The Supreme Court, observing that “the validity of section 800.02, Florida Statutes, having been recently . . . alleged to have been guilty, as proved by the evidence, is sufficient to sustain a conviction under F.S. 800.02 . . . F.S. 800.02 is entitled “Unnatural and Lascivious Act” and provides: “Whoever commits an unnatural and . . .
. . . an inquiry into whether he has committed homosexual acts of the kind criminally outlawed by Section 800.02 . . .
. . . appeal to review judgments of the trial court impliedly upholding the constitutional validity of Section 800.02 . . . Thomas and appellants jointly filed a motion to dismiss based on the ground that Section 800.02, Florida . . . for which they were convicted under counts 3 and 4 of the indictment are not a violation of Section 800.02 . . . Rehearing denied February 17, 1976, wherein we affirmed the judgment of the trial court, held that Section 800.02 . . . that the acts committed by Thomas as charged in the indictment did constitute a violation of Section 800.02 . . . Thomas and joined with him in the same motion to dismiss the charges based on the invalidity of Section 800.02 . . .
. . . A majority of this Court upheld the constitutionality of Section 800.02, Florida Statutes (1975), in . . . Judicial Circuit, in and for Dade County, in which the only issue is the constitutionality of Section 800.02 . . .
. . . State, 278 So.2d 611 (Fla.1973) (as to Section 800.02, Fla.Stat.); Franklin v. . . . City of Miami Beach, 491 F.2d 98 (5th Cir.1974); Section 800.02, Florida Statutes: Murray v. . . .
. . . I respectfully dissent from that portion of the majority opinion which holds Section 800.02 to be constitutional . . . Section 800.02, Fla.Stat. provides: “Whoever commits any unnatural and lascivious act with another' person . . . This Court recently held that the words “unnatural and lascivious”, as used in Section 800.02, were not . . . For these reasons, I would hold that Section 800.02 is invalid on its face. . . . Prior to Witherspoon, Section 800.02 was impliedly upheld in Franklin and in Parisi v. . . . from an order of the Circuit Court in and for Dade County upholding the constitutionality of Section 800.02 . . . court denied appellant’s motion to dismiss the indictment which was based on the ground that Section 800.02 . . . fair and impartial trial was violated by closing remarks of the prosecuting attorney, that Section 800.02 . . . and indefinite, and that the acts for which he was convicted do not constitute a violation of Section 800.02 . . . recent decisions of this Court holding that the words “unnatural and lascivious” as used in Section 800.02 . . . However, I believe Section 800.02 to be unconstitutional on its face, and I concur with the dissenting . . .
. . . dismiss 21 informations filed in the crimes division of this court alleging violation of provisions of §800.02 . . . The motion among other contentions challenges the constitutionality of §800.02 — “Unnatural and lascivious . . . Paul Bradley Wilson, a minister of the Church of God, stated that the derivation of §800.02 exclusively . . . A review of the Delaney and Franklin cases with respect to §§800.01 and 800.02 On September 28, 1966, . . . “Under the evidence in this case, the conduct denounced in Section 800.02 is a lesser included offense . . .
. . . . § 800.02 (1973). Caves entered a plea of guilty to that lesser charge. . . .
. . . . § 800.02 (1973), and one count of causing a minor under eighteen to become a delinquent or dependent . . . He specifically attacks the phrase “unnatural and lascivious act” in Fla.Stat. § 800.02 (1973), and the . . . The Florida Supreme Court has recently examined Fla.Stat. § 800.02 (1973) and held that it is not void . . .
. . . . § 800.02, F.S.A. 1971. Prior to trial relator moved for discharge under the speedy trial rule. . . .
. . . County, it appearing that the trial judge directly ruled on the constitutionality of Sections 828.21, 800.02 . . . counts of unnatural and lascivious acts, and four counts of assignation contrary to Sections 828.21, 800.02 . . . Relative to the constitutionality vel non of Section 800.02 which provides: “Whoever commits any unnatural . . . State, 278 So.2d 611 (Fla.1973), wherein we upheld the constitutionality of Section 800.02 against an . . . Accordingly, we hold Section 828.21, 800.02 and 796.07, Florida Statutes, F.S.A., to be constitutional . . .
. . . F.S.A., Lewd and Lascivious behavior; Section 798.03, Florida Statutes, F.S.A., Fornication; Section 800.02 . . .
. . . . § 800.02, F.S.A. (1971). We have jurisdiction pursuant to Art. . . . direct information with having committed an unnatural and lascivious act in violation of Fla.Stat. § 800.02 . . .
. . . . § 800.02, F.S.A., to be sufficient “notice” of the acts proscribed to be secure from a constitutional . . .
. . . . § 800.02, F. S.A. We have jurisdiction pursuant to Fla.Const., art. V, § 3(b) (1), F.S.A. . . . However, in so ruling, we approved the language of the statute here under review, Fla.Stat. § 800.02, . . .
. . . presence of a child (Fla.Stat., § 800.04, F.S.A.) and the offense of unnatural and lascivious acts (§ 800.02 . . .
. . . Following Parisi’s reversal and remand for sentencing as a misdemeanant under Section 800.02, Florida . . . remaining at first blush is to reverse and remand these two appellants for sentencing under Section 800.02 . . .
. . . The Franklin opinion went on to suggest that Section 800.02, F.S.1969, F.S.A., which makes it an offense . . . or beast, or lascivious or unnatural sex acts can now, at best, be only misdemeanors under Section 800.02 . . .
. . . . § 800.02, F.S.A., is a lesser included offense. . . .
. . . . § 800.02, F.S.A., which is a misdemeanor, and to impose sentences accordingly. As in Franklin v. . . . State, supra, under the evidence in this case, the conduct denounced in Fla.Stat. § 800.02, F.S.A., is . . .
. . . felony and remand the causes to the trial court with directions to enter a judgment of guilty of Section 800.02 . . . Section 800.02, F.S.A., proscribing unnatural and lascivious acts, as approved by the Supreme Court in . . .
. . . . § 800.02, F.S.A., which condemns as a misdemeanor any “unnatural and lascivious act with another person . . . finding of guilty to the unnatural and lascivious act now clearly and certainly condemned by F.S. § 800.02 . . . . § 800.01, F.S.A., and remand the cause with directions to enter a judgment of guilty under F.S. § 800.02 . . .
. . . the matter, society will continue to be protected from this sort of reprehensible act under Section 800.02 . . . Under the evidence in this case, the conduct denounced in Section 800.02, Florida Statutes, F.S.A., is . . . felony and remand the causes to the trial court with directions to enter a judgment of guilty of Section 800.02 . . .
. . . See Sections 800.01, 800.02 Fla. Stat., F.S.A. . . .
. . . meetings and conferences relating to the amendment of the Corps of Engineers Guide Specifications CE 800.02 . . . connection with the preparation of an amendment to the Corps of Engineers Guide Specifications, CE 800.02 . . .
. . . The court gave judgment in the amount of $24,145.05, which is $800.02 less than the net amount due. . . . Evidently the tax item of $800.02 was overlooked.” . . . .
. . . their abominable and detestable indulgence, of violations of our criminal code (sections 800.01 and 800.02 . . .
. . . thus added to the taxable profit $480,000 and determined thereon an additional tax deficiency of $64,-800.02 . . .
. . . . • 800.02 Depot, Sunol. 3,201.94 31. . . .