v line

Search The Library

PREMIUM ROOMS

SOME MAIN ROOMS

LEGAL TOPIC AREAS

MISC BUSHWAH

line
line

CHAPTER 826: BIGAMY; INCEST

826.01 Bigamy; punishment. ---
Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

826.02 Exceptions. ---
The provisions of s. 826.01 shall not extend to any person:
(1) Who reasonably believes that the prior spouse is dead.
(2) Whose prior spouse has voluntarily deserted him and remained absent for the space of 3 years continuously, the party marrying again not knowing the other to be living within that time.
(3) Whose bonds of matrimony have been dissolved.
(4) Who violates its provisions because a domestic or foreign court has entered an invalid judgment purporting to terminate or annul the prior marriage and the defendant does not know that judgment to be invalid.
(5) Who reasonably believes that he is legally eligible to remarry.

826.03 Knowingly marrying husband or wife of another. ---
Whoever knowingly marries the husband or wife of another person, knowing him or her to be the spouse of another person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

826.04 Incest. ---
Whoever knowingly marries or has sexual intercourse with a person to whom he is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. "Sexual intercourse" is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.
---------

CHAPTER 800: LEWDNESS; INDECENT EXPOSURE

800.02 Unnatural and lascivious act. ---
A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breast feeding of her baby does not under any circumstance violate this section.

800.03 Exposure of sexual organs. ---
It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breast feeding of her baby does not under any circumstance violate this section.

800.04 Lewd, lascivious, or indecent assault or act upon or in presence of child. ---
A person who:
(1) Handles, fondles, or assaults any child under the age of 16 years in a lewd, lascivious, or indecent manner;
(2) Commits actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, or any act or conduct which simulates that sexual battery is being or will be committed upon any child under the age of 16 years or forces or entices the child to commit any such act;
(3) Commits an act defined as sexual battery under s. 794.011(1)(h) upon any child under the age of 16 years; or
(4) Knowingly commits any lewd or lascivious act in the presence of any child under the age of 16 years, without committing the crime of sexual battery, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Neither the victim's lack of chastity nor the victim's consent is a defense to the crime proscribed by this section. A mother's breast feeding of her baby does not under any circumstance violate this section.
---------

CHAPTER 796: PROSTITUTION

796.02 Lease of house to expire on conviction. --- When the lessee of a dwelling house is convicted of the offense mentioned in the preceding section, the lease or contract for letting the house shall, at the option of the lessor, become void, and the lessor shall have the like remedy to recover the possession as against a tenant holding over after the expiration of his term.

796.03 Procuring person under age of 18 for prostitution. --- A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

796.04 Forcing, compelling, or coercing another to become a prostitute. --- (1) After May 1, 1943, it shall be unlawful for anyone to force, compel, or coerce another to become a prostitute. (2) Anyone violating this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

796.05 Deriving support from the proceeds of prostitution. --- (1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person's prostitution.
(2) Anyone violating this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

796.06 Renting space to be used for lewdness, assignation, or prostitution. ---
(1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used for the purpose of lewdness, assignation, or prostitution.
(2) A person who violates this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second or subsequent violation, punishable as provided in s. 775.082 or s. 775.083.

796.07 Prohibiting prostitution, etc.; evidence; penalties; definitions.---
(1) As used in this section:
(a) "Prostitution" means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
(b) "Lewdness" means any indecent or obscene act.
(c) "Assignation" means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
(d) "Sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.
(2) It is unlawful:
(a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.
(b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.
(c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
(d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.
(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
(h) To aid, abet, or participate in any of the acts or things enumerated in this subsection.
(i) To purchase the services of any person engaged in prostitution.
(3) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge.
(4) A person who violates any provision of this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second or subsequent violation, punishable as provided in s. 775.082 or s. 775.083.

796.08 Screening for sexually transmissible diseases; providing penalties.---
(1)(a) For the purposes of this section, "sexually transmissible disease" means a bacterial, viral, fungal, or parasitic disease, determined by rule of the Department of Health and Rehabilitative Services to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and treatment.
(b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health and Rehabilitative Services shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for purposes of this section.

(2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction of the Department of Health and Rehabilitative Services and, if infected, shall submit to appropriate treatment and counseling. A person who requests screening for a sexually transmissible disease under this subsection must pay any costs associated with such screening.

(3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the human immunodeficiency virus, under direction of the Department of Health and Rehabilitative Services. If the person is infected, he or she must submit to treatment and counseling prior to release from probation, community control, or incarceration. Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be made available by the Department of Health and Rehabilitative Services to the offender, medical personnel, appropriate state agencies, state attorneys, and courts of appropriate jurisdiction in need of such information in order to enforce the provisions of this chapter.

(4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease and could possibly communicate such disease to another person through sexual activity commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.

(5) A person who commits prostitution or procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus and who, prior to the commission of such crime, had tested positive for human immunodeficiency virus and knew or had been informed that he or she had tested positive for human immunodeficiency virus and could possibly communicate such disease to another person through sexual activity commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 775.0877(7). A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.

(6)(a) The Department of Health and Rehabilitative Services or its authorized representatives may examine or cause to be examined any person or inmate who injures an officer as defined in s. 943.10(14), a firefighter, or a paramedic or emergency medical technician acting within the scope of employment. Evidence of injury and a statement by a licensed physician that the nature of the injury is such as to result in the transmission of a sexually transmissible disease constitutes probable cause for issuance of a warrant by a court of competent jurisdiction.
(b) The results of any test authorized by this subsection are exempt from the requirements of s. 384.29 solely for the purpose of releasing the results to the injured employee after a licensed physician documents in the medical records of the injured employee that the information is medically necessary to determine the course of treatment for the injured employee.
(c) A person who receives the results of an HIV test pursuant to this subsection shall maintain the confidentiality of the person who injured the officer, firefighter, paramedic, or emergency medical technician. Anyone who violates this provision commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The identities of the person who is the source of the injury and the injured officer, firefighter, paramedic, or emergency medical technician are confidential and exempt from the provisions of s. 119.07(1). This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14.

796.09 Coercion; civil cause of action; evidence; defenses; attorney's fees. ---
(1) A person has a cause of action for compensatory and punitive damages against:
(a) A person who coerced that person into prostitution;
(b) A person who coerces that person to remain in prostitution; or
(c) A person who uses coercion to collect or receive any part of that person's earnings derived from prostitution.
(2) As used in this section, the term "prostitution" has the same meaning as in s. 796.07.
(3) As used in this section, the term "coercion" means any practice of domination, restraint, or inducement for the purpose of or with the reasonably foreseeable effect of causing another person to engage in or remain in prostitution or to relinquish earnings derived from prostitution, and includes, but is not limited to:
(a) Physical force or threats of physical force.
(b) Physical or mental torture.
(c) Kidnapping.
(d) Blackmail.
(e) Extortion or claims of indebtedness.
(f) Threat of legal complaint or report of delinquency.
(g) Threat to interfere with parental rights or responsibilities, whether by judicial or administrative action or otherwise.
(h) Promise of legal benefit.
(i) Promise of greater financial rewards.
(j) Promise of marriage.
(k) Restraint of speech or communication with others.
(l) Exploitation of a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency.
(m) Exploitation of victimization by sexual abuse.
(n) Exploitation of pornographic performance.
(o) Exploitation of human needs for food, shelter, safety, or affection.
(4) In the course of litigation under this section, any transaction about which a plaintiff testifies or produces evidence does not subject such plaintiff to criminal prosecution or any penalty or forfeiture. Further, any testimony or evidence, documentary or otherwise, or information directly or indirectly derived from such testimony or evidence which is given or produced by a plaintiff or a witness for a plaintiff shall not be used against these persons in any other investigation or proceeding. Such testimony or evidence, however, may be used against a plaintiff or a witness for a plaintiff upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence.
(5) It does not constitute a defense to a complaint under this section that:
(a) The plaintiff was paid or otherwise compensated for acts of prostitution;
(b) The plaintiff engaged in acts of prostitution prior to any involvement with the defendant; or
(c) The plaintiff made no attempt to escape, flee, or otherwise terminate contact with the defendant.
(6) Evidence of convictions for prostitution or prostitution-related offenses are inadmissible in a proceeding brought under this section for purposes of attacking the plaintiff's credibility.
(7) In any action brought under this section, the court, in its discretion, may award prevailing plaintiffs reasonable attorney's fees and costs.

-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.
http://www.lectlaw.com