BDSM and The Law

A Florida sex law: If you're a single, divorced, or widowed woman, you can't parachute on Sunday afternoons.

Sex is defined as : 

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."

"means any indecent or obscene act."

Deviate sexual intercourse
Title XLVI Chap. 847.001 defines this as "sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva."

The age of consent is 16 or 18 years old with penalties and definitions of various crimes depending upon the relative ages of the parties are described in Title XLVI Chapter 800.04 and Title XLVI Chapter 794.011

 If you live in Florida ask your Legislators to change these laws.

Title VI Chap. 63 Who may adopt a child "No person eligible to adopt under this statute may adopt if that person is a homosexual."

Marriages between persons of the same sex
"Marriages between persons of the same sex entered into in any jurisdiction,...are not recognized for any purpose in this state" and "for purposes of interpreting any state statute or rule, the term 'marriage' means only a legal union between one man and one woman as husband and wife, and the term 'spouse' applies only to a member of such a union."

Title XLVI Chap. 796.05 Deriving Support From the Proceeds of Prostitution
"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." This is third degree felony.

Title XLVI Chap. 796.06 Renting space to be used for lewdness, assignation, or prostitution
"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." This is a misdemeanor.

Title XLVI Chap. 796.07 Prostitution
This section of the law covers all of the following acts:

  • "To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution."
  • "To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act."
  • "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."
  • "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."
  • "To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation."
  • "To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation."
  • "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."
  • "To aid, abet, or participate in any of the acts or things enumerated in this subsection.
  • "To purchase the services of any person engaged in prostitution."

These are all misdemeanors.

Title XLVI Chap. 798 Living in Sin
Adultery and sex between unmarried couples are misdemeanors.

Title XLVI Chap. 800.02 Unnatural or lascivious acts
"A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree".

Title XLVI Chap. 826 Bigamy
"Whoever, having a husband or wife living, marries another person" or 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".

Title XLVI Chap. 847 Obscenity
This section details the obscenity laws in Florida. Suffice it to say that even possessing material is against the law in the privacy of your home. Wholesale promotion is a felony.