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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33911
Experience:  16 yrs. of experience including criminal law.
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how do you figh a 798.02 supposly for masturbating in a nude

Customer Question

how do you figh a 798.02 supposly for masturbating in a nude beach (Houlover Beach)
Submitted: 7 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist

Can you tell me a bit more...what caused the arrest?
Customer: replied 7 years ago.
yes, miami florida in a legal nude beach (Houlover beach)
Expert:  P. Simmons replied 7 years ago.
THANKS

OK here is the statute

Fla. Stat. § 798.02 (2009)

§ 798.02. 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.


So, if you were engaging in "Lewd and lascivious behavior" on the beach, you could be prosecuted. As to what constitutes "Lewd and lascivious behavior"

This can be found in State v Coyle 718 So. 2nd 218. This case held "Lewdness may be defined as the unlawful indulgence of lust, signifying that form of immorality which has a relation to sexual impurity. It is generally used to indicate gross indecency with respect to the sexual relations."

And Campbell v State 331 So. 2d 289 held that

extremely indecent" must certainly refer to an act more outrageous than that [**5] perpetrated by the appellant. Additionally, who in the dark and crowded recesses of the YumYum Tree at 2:00 a.m. on July 6, 1974, was "offended"? This is not to say that such establishments provide sanctuary from enforcement of our criminal laws. 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


So, if your actions on the beach were not "extremely indecent" then you were not in violation.

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