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Adultery in Florida

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What is the name of your state?What is the name of your state?
Florida

Hello, I have recently been asked by someone if adultery is considered illegal in the state of Florida. Promising to do some research, I researched the Florida statues and found that under statue 798.01:

"Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section."

I am a litlte confused, however, by the wording of this statue. Is there any substantial difference between "open state of adultery" and just the commonly-accepted form of adultery?
I also did some research on the U.S. "blue laws," and found that adultery laws are rarely, if ever, enforced, but even in such a case, does this statue state that adultery is illegal in the state of Florida?

Thank you in advance for any help and/or assistance.
 


seniorjudge

Senior Member
Law_Student said:
What is the name of your state?What is the name of your state?
Florida

Hello, I have recently been asked by someone if adultery is considered illegal in the state of Florida. Promising to do some research, I researched the Florida statues and found that under statue 798.01:

"Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section."

I am a litlte confused, however, by the wording of this statue. Is there any substantial difference between "open state of adultery" and just the commonly-accepted form of adultery?
I also did some research on the U.S. "blue laws," and found that adultery laws are rarely, if ever, enforced, but even in such a case, does this statue state that adultery is illegal in the state of Florida?

Thank you in advance for any help and/or assistance.

What is "the commonly-accepted form of adultery"?
 

Zephyr

Senior Member
Law_Student said:
What is the name of your state?What is the name of your state?
Florida

Hello, I have recently been asked by someone if adultery is considered illegal in the state of Florida. Promising to do some research, I researched the Florida statues and found that under statue 798.01:

"Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section."

I am a litlte confused, however, by the wording of this statue. Is there any substantial difference between "open state of adultery" and just the commonly-accepted form of adultery?
I also did some research on the U.S. "blue laws," and found that adultery laws are rarely, if ever, enforced, but even in such a case, does this statue state that adultery is illegal in the state of Florida?

Thank you in advance for any help and/or assistance.

yes that does state that it is illegal, but if a law is not enforced then I don't know how just the fact of it being illegal will help you.
 

LdiJ

Senior Member
Law_Student said:
What is the name of your state?What is the name of your state?
Florida

Hello, I have recently been asked by someone if adultery is considered illegal in the state of Florida. Promising to do some research, I researched the Florida statues and found that under statue 798.01:

"Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section."

I am a litlte confused, however, by the wording of this statue. Is there any substantial difference between "open state of adultery" and just the commonly-accepted form of adultery?
I also did some research on the U.S. "blue laws," and found that adultery laws are rarely, if ever, enforced, but even in such a case, does this statue state that adultery is illegal in the state of Florida?

Thank you in advance for any help and/or assistance.
Since you are a law student, and this is probably your homework....I would recommend that you do some research to see if that law is still actually enforced in Florida.
 

Whyte Noise

Senior Member
Awwww, heck. Get 'em with lewd and lascivious behavior. All that's required for that is being a man and woman, not married to each other, that lewdly and lasciviously associate or cohabitate.
 

seniorjudge

Senior Member
MissouriGal said:
Awwww, heck. Get 'em with lewd and lascivious behavior. All that's required for that is being a man and woman, not married to each other, that lewdly and lasciviously associate or cohabitate.
Show me, MissouriGal, that this is word.
 

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