There have been only three reported appellate opinions construing the second clause of Section 798.02, Florida Statutes, (proscribing "open and gross lewdness and lascivious behavior"), which provides the basis for the charges against this appellant. In Coile v. State, 212 So.2d 94 (Fla.App. 3rd 1968), defendant was charged with the violation of Section 800.04, Florida Statutes, (lewd, lascivious, or indecent assault or act upon or in the presence of a child), and the trial court reduced the charge to a violation of the second clause of Section 798.02, supra. Coile involved offensive touching of a member of a Girl Scout troop on a holiday outing.

There was sufficient relevancy between the pornographic evidence, its location, and the circumstances of the offenses to justify submitting it to the jury. Coile v. State, 212 So.2d 94 (Fla.App.3d 1968). The conviction of the appellant is hereby affirmed.

Kittleson's conviction was reversed because the information failed to set out the acts or conduct that were allegedly lewd and lascivious. Pitchford's conviction was reversed on the supreme court's determination that the evidence failed to show a violation of the statute. But in Coile v. State, 212 So.2d 94 (Fla. 3d DCA 1968), the Third District affirmed a conviction under this portion of the statute. In reversing, we acknowledge the concern of the county court judge that these terms, although steeped in history, may not give adequate notice to the ordinary person of the conduct sought to be prohibited.