Exposure of Sexual Organs

F.S. 800.03 [Misdemeanor First Degree]

Before you can find a Defendant guilty of exposure, the State Attorney's Office must prove the following four elements beyond a reasonable doubt:

  1. Defendant exposed or exhibited his/her sexual organs, and

  2. The exposure took place:
    • in a public place, or
    • on a private premises of another, or
    • so near the private premises of another as to be seem from those private premises

  3. Defendant intended the exposure to be lewd or lascivious, vulgar, or indecent, and
  4. The exposure was lewd or lascivious, vulgar, or indecent.

NOTE:
1. Public Nudity. Public nudity does not equate with exposure for criminal purposes. A lewd or lascivious component must be proven in any exposure case.