CHAPTER 944
CRIMES AGAINST SEXUAL MORALITY
SUBCHAPTER I
LEGISLATIVE INTENT
SUBCHAPTER II
SEXUAL CRIMES WHICH AFFECT THE FAMILY
SUBCHAPTER III
FORNICATION; ADULTERY; GRATIFICATION
944.15 Public fornication.
944.17 Sexual gratification.
SUBCHAPTER IV
OBSCENITY
944.20 Lewd and lascivious behavior.
944.21 Obscene material or performance.
944.23 Making lewd, obscene or indecent drawings.
944.25 Sending obscene or sexually explicit electronic messages.
SUBCHAPTER V
PROSTITUTION
944.31 Patronizing prostitutes.
944.32 Soliciting prostitutes.
944.34 Keeping place of prostitution.
944.36 Solicitation of drinks prohibited.
Ch. 944 Cross-reference
Cross-reference: See definitions in s.
939.22.
LEGISLATIVE INTENT
944.01
944.01
Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.
944.01 History
History: 1983 a. 17.
SEXUAL CRIMES WHICH AFFECT THE FAMILY
944.05(1)(1) Whoever does any of the following is guilty of a Class I felony:
944.05(1)(a)
(a) Contracts a marriage in this state with knowledge that his or her prior marriage is not dissolved; or
944.05(1)(b)
(b) Contracts a marriage in this state with knowledge that the prior marriage of the person he or she marries is not dissolved; or
944.05(1)(c)
(c) Cohabits in this state with a person whom he or she married outside this state with knowledge that his or her own prior marriage had not been dissolved or with knowledge that the prior marriage of the person he or she married had not been dissolved.
944.05(2)
(2) In this section "cohabit" means to live together under the representation or appearance of being married.
944.06
944.06
Incest. Whoever marries or has nonmarital sexual intercourse, as defined in
s. 948.01 (6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.
944.06 Annotation
Lawrence v. Texas,
539 U.S. 558 (2003), did not announce a fundamental right of adults to engage in all forms of private consensual sexual conduct. There was no clearly established federal law in 2001 that supported defendant's claim that he had a fundamental right to engage in incest free from government proscription. Muth v. Frank,
412 F.3d 808 (2005).
FORNICATION; ADULTERY; GRATIFICATION
944.15
944.15
Public fornication. 944.15(1)(1) In this section, "in public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual intercourse.
944.15(2)
(2) Whoever has sexual intercourse in public is guilty of a Class A misdemeanor.
944.16
944.16
Adultery. Whoever does either of the following is guilty of a Class I felony:
944.16(1)
(1) A married person who has sexual intercourse with a person not the married person's spouse; or
944.16(2)
(2) A person who has sexual intercourse with a person who is married to another.
944.17
944.17
Sexual gratification. 944.17(1)
(1) In this section, "in public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.
944.17(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
