Florida Statute 800.04: Lewd or Lascivious Exhibition

Summary

Commonly known as indecent exposure, lewd or lascivious exhibition has occurred when a person either:

• Intentionally masturbates in the presence of a victim who is under 16 years of age.
• Intentionally exposes the genitals in a lewd or lascivious manner in the presence of a victim who is under 16 years of age.
• Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or simulation of any act involving sexual activity in the presence of a victim who is under 16 years of age.

Elements

To prove lewd or lascivious exhibition, the state must prove that:

• The victim was under the age of 16 years old
• If online, the offender should have known or had reason to believe that the transmission would be viewed on a computer or television monitor by a victim who is under the age of 16.
• The defendant either:
  1. Intentionally masturbated
  2. Intentionally exposed the genitals in a lewd or lascivious manner, or
  3. Committed a sexual act, sadomasochistic abuse, sexual bestiality, or simulation of any act involving sexual activity.
• The defendant was either:
  1. 18 years of age or older at the time of the offense
  2. Less than 18 years of age at the time of the offense

Example

While at his high school graduation, Nathan walked up to the podium to collect his diploma. Just before walking off the stage, he pulled up his robe, exposing his genitals to the entire crowd, which included multiple children. After being escorted out of the graduation ceremony by the police, Nathan was arrested for lewd and lascivious exhibition, and is faced with up to 15 years in prison and a $10,000 fine.

Maximum Penalty

As with all L&L charges, the penalty is dependent on the defendants age.

• If the defendant is under 18: He/she will be charged with a third degree felony, punishable by up to 5 years imprisonment and a $5,000 fine.
• If the defendant is 18 or older: He/she will be charged with a second degree felony, punishable by up to 15 years in prison and a $10,000 fine.