In 1960, the state Attorney General issued an opinion that Florida's sodomy statute did not apply to Indian reservations.
Florida further enacted a "psychopathic offender law" in 1955, under which those convicted of sodomy (labelled as "criminal sexual psychopathic persons") would be periodically examined to determine if they had "improved to a degree that will not be a menace to others". The court retained the state's prohibition on sodomy by ruling that anal and oral sex could still be prosecuted under the lesser charge of "lewd and lascivious" conduct. State, struck down the "crime against nature" statute as unconstitutionally vague. In 1971, the Florida Supreme Court, ruling in Franklin v. It also prohibited oral sex and anal sex between heterosexual partners. any notorious act of public indecency, tending to debauch the morals of society." Florida's first specific sodomy law, which was enacted in 1868 and made sodomy a felony, read: "Whoever commits the abominable and detestable crime against nature, either with mankind or with beast, shall be punished by imprisonment in the state prison not exceeding twenty years." In 1917, the Florida Legislature added a lesser crime, a second-degree misdemeanor: "Whoever commits any unnatural and lascivious act with another person shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months." įlorida courts interpreted the 1868 law to prohibit all sexual activity between two men or two women. Legality of same-sex sexual activity Īfter Florida became a territory of the United States in 1821, the Territorial Legislature enacted laws against fornication, adultery, bigamy, and incest, as well as against "open lewdness, or.
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