I am a married man and sex offender in Florida i have been in a good faith marriage for over two years now! it fell apart for me and i met a amazing woman who i am now with. she is in the coast guard right now! her father is freaking out and trying to cause whole bunch of problems for us! i am still married for a another month because of some legal obligations ! can i be charged in Florida for adultery because of my past? the coast guard has opened up a investigation into her it seems now as well! can they put charges against me? i was told by someone because of my past over 12 years ago they could put in in prison! ?
Hello,As surprising as it may be, there are still a few states that categorize adultery as criminal violations. Florida, unfortunately, is one of those states which makes it a misdemeanor. I have set out the statute below. That said, it is a rarely prosecuted crime in the State. I do understand that with your criminal history that you would be concerned with this possibility. What I would recommend is that you sit down with a local criminal defense attorney and be prepared to defend any charges that might come. Hopefully, the local State's Attorney declines to prosecute the case, but you definitely want to avoid any statements or comments to anyone about your relationship with this other party, other than your attorney. That means nothing to friends, police, Coast Guard investigators, family, etc. Please let me know if you have any follow up questions for me. I would be happy to answer them if I can.798.01. Living in open adultery
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.
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thank you so much for your help one other question would it be a defense if my wife and i agree to have a open relationship? also if she is talking with other people as well? "other guys"
Hello again,You're welcome. Actually, consent of a spouse, whether express or tacit, is not a defense to the statute. Again though this is a rarely used statute and it is highly unlikely that the State's Attorney would be interested in taking a case like this.41099.6216469097
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