Exposure of Sexual Organs
The crime of exposure of sexual organs is sometimes called “indecent exposure,” “flashing,” or “exposure of naked organs.” Exposure of sexual organs is charged as a first-degree misdemeanor. Although the offense is not classified as a “sex crime” for most purposes, it requires proof of a vulgar or indecent act.
The crime of exposing sexual organs is listed in Section 800.03, F.S., which prohibits a person from exposing or exhibiting his or her sexual organs in a vulgar or indecent manner while in public or private view.
The courts in Florida consistently hold that being naked alone is not sufficient to violate s. 800.03, F.S. Instead, triggering violation requires a “lascivious” exhibition of the sexual organs. See Goodmakers v. State, 450 So. 2d 888 (Fla. 2d. DCA, 1984).
In addition to the state statute, several counties in Florida have enacted county ordinances to prohibit public nudity.
The Florida legislature recently added “exposure of sexual organs” to a long list of statutory exceptions to the warrantless arrest rule.
Attorneys for Exposure of Sexual Organs in Tampa, FL
If you were charged with the crime of exposure of sexual organs under Section 800.03, then contact an experienced criminal defense attorney to discuss the case.
During the initial consultation, we can help you understand the charges pending against you, the potential penalties that apply to the charges, and the best ways to fight the charges for an outright dismissal.
Other ways of resolving the case might include a pre-trial diversion program for a first offense. In other cases, the goal should be an outright dismissal if the prosecutor has insufficient proof to prove each element of the crime.
When the victim is 16 years or older, related charges might include sexual battery under 794.011 or lewd or lascivious molestation under 800.04, F.S.
With offices in Tampa, New Port Richey and Clearwater, FL, we fight these cases throughout the greater Tampa Bay area.
We are familiar with the ways these charges are prosecuted in Tampa and Plant City in Hillsborough County, New Port Richey and Dade City in Pasco County, Brooksville in Hernando County, St. Petersburg and Clearwater in Pinellas County, and Bartow and Winter Haven, FL.
Call (813) 250-0500.
Elements of Exposure of Sexual Organs under Section 800.03
Section 800.03, F.S., prohibits the following conduct:
- Exposure or exhibition of sexual organs in public in a vulgar or indecent manner;
- Either exposure or exhibition of sexual organs on:
- the private premises of another person; or
- so near thereto as to be seen from a private premises, in a vulgar or indecent manner; or
- being naked in public, except in a place provided for that purpose.
A violation of the law is a first-degree misdemeanor punishable by up to one year in county jail and a $1,000 fine as provided in SS. 775.082 and 775.083, F.S. The law prohibiting the exposure of a sexual organ specifies that a mother’s breastfeeding her baby is not a violation of the statute.
The Florida Supreme Court has defined the term “indecent” in this context to be synonymous with a “wicked, lustful, unchaste, licentious, or sensual design on the part of the perpetrator.” See Boles v. State, 158 Fla. 220, 221(Fla. 1946).
Other Florida courts have clarified that public nudity alone does not violate s. 800.03, F.S.; rather, such nudity must be accompanied by a “lewd or lascivious exhibition or exposure of the sexual organs.” Goodmakers v. State, 450 So. 2d 888, 891 (Fla. 2d 1984).
For this reason, public nudity alone or an act such as urinating in public does not, by itself, constitute a lewd or lascivious act. Without any lewd or lascivious act, no indecent exposure occurred, although other types of nudity may be considered lewd or lascivious.
For instance, in Duvallon v. State, 404 So. 2d 196 (Fla. 1st DCA 1981), the court concluded that “[i]n order for nudity to be prosecutable under a statute prohibiting exposing or exhibiting sexual organs in public places, there must be lewd or lascivious exhibition or exposure of sexual organs.”
In Egal v. State, 469 So. 2d 196 (Fla. 2d DCA 1985), the court found that “conduct which in some circumstances might be purely innocent, such as nudity, can be found to be lewd and lascivious if accompanied by requisite improper intent.”
Florida law has been interpreted to include a distinction between conduct occurring in public rather than private places. Generally, if vulgar or indecent conduct occurs in a public place, it is viewed as criminal because it is objectively offensive.
On the other hand, if the vulgar or indecent conduct takes place privately, the state must show that someone was offended by the alleged conduct to obtain a conviction. State v. Kees, 919 So.2d 504, 506-507 (Fla. 5th 2005).
Examples include a person targeting a crowded parking lot while intentionally exposing his genitals to passersby.
Number of Arrests for “Naked Organs” Each Year
According to an email on file with the Judiciary Committee from Sarah Naf Biehl, Chief of Legislative Affairs, Office of State Courts Administrator, RE: Arrest and Convictions-Exposure of Naked Organs, dated December 15, 2017, the number of convictions in Florida for exposure of sexual organs totaled:
- 381 in Fiscal Year 2015-16; and
- 331 in Fiscal Year 2016-17.
According to the Florida Department of Law Enforcement, in FY 2018-19, 720 people were arrested under s. 800.03, F.S. For those arrests, 283 people were adjudicated guilty (convicted), and 76 had adjudication withheld. See Criminal Justice Impact Conference, SB 1018 – Exposure of Sexual Organs (Identical to HB 675), Jan. 27, 2020.
The report from FDLE did not distinguish between how many of these people were accused of exhibiting sexual organs in a vulgar or indecent manner or were naked in public.
Naked Organ Exception to the Warrantless Arrest Rule
In 2020, the Florida legislature added the crime of “exposure of sexual organs” to the long list of misdemeanor exceptions to the warrantless arrest rule.
After the change, the officer can make a warrantless arrest for the offense, even if the act did not occur in the officer’s presence. Such an arrest for indecent exposure of a naked sexual organ might be based only on a victim or civilian witness report.
The Florida legislature justified the new rule because “if a victim or witness contacts police about an indecent exposure, the offense is likely to end before police respond and obtaining an arrest warrant to timely address the complaint may be impractical.” See HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS, BILL #: CS/HB 675 Exposure of Sexual Organs, TIED BILLS: IDEN./SIM. BILLS: CS/SB 1018.
The analysis of the new legislation concluded that during the time it takes an officer to obtain a warrant, an offender might:
- Become hostile when law enforcement returns to execute an arrest warrant.
- Flee or go into hiding; or
- Commit additional acts of indecent exposure.
Florida Rules Prohibiting Nudity in Parks
Florida’s Department of Environmental Protection (DEP) also enacted a rule prohibiting nudity in parks. For example, Rule 62D-2.014(7)(a), F.A.C., states that in every area of a park, including bathing areas, no individual shall expose the human, male or female genitals, pubic area, the entire buttocks or female breast below the top of the nipple, with less than fully opaque covering.
Seal or Expunge Charges for Exposure of Sexual Organ
Can you seal or expunge an exposure of sexual organ charge under Section 800.03?
If the charge of exposing a sexual organ under Section 784.03 is dropped or dismissed, you might be eligible to expunge the record, but only if you have no other convictions in Florida that would disqualify you for this type of relief.
On the other hand, if you are “convicted” of exposing a sexual organ under Section 784.03, then you will never be eligible to seal or expunge that record.
Although most misdemeanor convictions will not prevent you from filing a petition to seal or expunge another qualified criminal history record, a misdemeanor “conviction” for exposing a sexual organ under Section 784.03 is particularly serious because it will automatically prohibit you from ever being eligible to seal or expunge any other record in Florida.
For this reason, avoiding a “conviction” is important by getting the court to withhold adjudication. If you get a withhold of adjudication and complete probation, you might be eligible to seal the record.
If you have questions about whether you can seal or expunge an arrest record after an arrest for exposing a sexual organ under Section 784.03, then contact the criminal defense attorneys at Sammis Law Firm in Tampa, FL.
Call 813-250-0500.
This article was last updated on Wednesday, April 10, 2024.