[Krodg]

CHAPTER 798

ADULTERY; COHABITATION





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.


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.

[Aliska]

So it is a misdemeanor and directly or tangentially related to guardianship under Florida statutes?

[Aliska]

Also, are you sure that is Florida law or another state?

[sweetliberty]

Thank you! I have so much information floating around in my head this past few weeks that a lot of it is nearly useless because I can't remember where it is, unless it has been linked in the main thread.

[NonValueAdded]

There is nothing that says a guardian can't have sexual relations or cohabitate with another person.

In terms of a direct statement prohibiting sexual relations, you are correct. However, when the person having the relations is the husband AND the guardian, there IS a direct conflict of interest which IS grounds for termination of the guardianship (744.474 (11) to be exact).

Think about it ... is MS's allegance to the ward or his new honey? Now add the fact that MS has a child with his new honey? A blind man could see the conflict.

There are several other reasons in 744.474 as to why the guardianship should be terminated. See http://www.freerepublic.com/focus/f-news/1006219/posts?page=891#891

I am SO glad that there is another attempt to remove MS as guardian and that Judge Greer will at least consider the evidence this time. I think the fact that there was much discussion over the conflicts of interest when the legislature was considering "Terri's Law" got Greer's attention.