Florida Statutes

Fla. Stat. § 800.03 (2025)

Exposure of sexual organs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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800.03 Exposure of sexual organs.—

(1) A person commits unlawful exposure of sexual organs by:

(a) Exposing or exhibiting his or her sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner; or

(b) Being naked in public in a vulgar or indecent manner.

(2)(a) Except as provided in paragraph (b), a violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) The exposure of sexual organs by any of the following does not violate this section:

(a) A mother breastfeeding her baby; or

(b) An individual who is merely naked at any place provided or set apart for that purpose.

History.—s. 1, ch. 7360, 1917; RGS 5445; CGL 7588; s. 1, ch. 61-51; s. 779, ch. 71-136; s. 3, ch. 93-4; s. 1, ch. 2020-84.

Arrestable Offenses under F.S. 800.03

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§800.03INDECENT EXPOSURERENUMBERED. SEE REC # 9120M · 1st

§800.03(1a)INDECENT EXPOSUREEXPOSURE OF SEXUAL ORGANS 1ST OFFENSEM · 1st

§800.03(1a)INDECENT EXPOSUREEXPOSURE OF SEXUAL ORGANS 2ND SUB OFFF · 3rd

§800.03(1b)INDECENT EXPOSUREVULGAR INDECENT PUBLIC NUDITY 1ST OFFENSEM · 1st

§800.03(1b)INDECENT EXPOSUREVULGAR INDECENT PUBLIC NUDITY 2ND SUBSQ OFFF · 3rd

Notes of Decisions

Cited in 73 cases (6 in the last 5 years), 1958–2024 · leading case: Goodmakers v. State, 450 So. 2d 888 (Fla. 2d DCA 1984).

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Goodmakers v. State, 450 So. 2d 888 (Fla. 2d DCA 1984). · cites it 11× “The state filed an information alleging that Goodmakers violated section 800.03, Florida Statutes (1981), the indecent exposure statute.”

G & B of Jacksonville, Inc. v. State, Dep't of Bus. Reg., Div. of Beverage, 362 So. 2d 951 (Fla. 1st DCA 1978). · cites it 9× “] Sarah Jane Smith, did unlawfully expose or exhibit her sexual organs in violation of Section 800.03, Florida Statutes. “(3) That, on or about April 16, 1975, an agent, servant or employee of the Respondent, [G & B of Jacksonville, Inc.”

Hoffman v. Carson, 250 So. 2d 891 (Fla. 1971). · cites it 7× “On three successive nights in July 1970, appellant Hoffman, a "go-go" dancer by trade, was arrested for violating Fla. Stat. § 800.03 , F.S.A., by going totally nude and exposing her sex organs in the course of her performances at a Jacksonville cocktail lounge.”

Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988). · cites it 8× “The defendant, on the other hand, has argued to the court below and to this court that the evidence did not prove an essential element of assault an overt threat to do violence but proved only that defendant exposed his genitals in a vulgar manner in violation of section…”

Strickland v. United States, 69 Fed. Cl. 684 (Fed. Cl. 2006). · cites it 4× “On July 10, 1998, Plaintiff pled nolo con-tendere to a misdemeanor violation of Fla. Stat. § 800.03 , with adjudication withheld.”

South Florida Free Beaches v. City of Miami, Fla., 548 F. Supp. 53 (S.D. Fla. 1982). · cites it 10× “City of Miami Ordinance 37-1, which incorporates by reference Fla.Stat. 800.03 (Exposure of Sexual Organs): It shall be unlawful for any person to expose or exhibit his sexual organs in any public place or on the private premises of another, or so near thereto as to be seen from…”

Ward v. State, 636 So. 2d 68 (Fla. 5th DCA 1994). · cites it 6× “§ 800.03, Fla. Stat. (1991). Counsel for Ward filed a motion to suppress evidence allegedly unlawfully obtained by a police officer during an intrusive peeking into a bathroom stall occupied by Ward, which was located in a public restroom in a public park.”

Williams v. State, 627 So. 2d 1279 (Fla. 1st DCA 1993). · cites it 4× “02, Florida Statutes, and exposure of sexual organs, section 800.03, Florida Statutes. The jury found Williams guilty as charged.”

Payne v. State, 463 So. 2d 271 (Fla. 2d DCA 1984). · cites it 5× “Petitioner has filed a petition for writ of certiorari seeking review of an appellate decision of the DeSoto County Circuit Court which affirmed his conviction for violation of section 800.03, Florida Statutes (1983), the indecent exposure statute.”

Seagrave v. State, 802 So. 2d 281 (Fla. 2001). “02), exposure of sexual organ (section 800.03), and "lewd, lascivious, or indecent assault or act upon or in the presence of a child" (section 800.”

Duvallon v. State, 404 So. 2d 196 (Fla. 1st DCA 1981). · cites it 4× “Today, the common law crime has been supplanted by statutory offenses in almost every jurisdiction in this country. These statutes vary somewhat as to wording, but a survey of the case law indicates that many of the same elements of the common law crime have been retained.”

Egal v. State, 469 So. 2d 196 (Fla. 2d DCA 1985). · cites it 2× “State, supra , or parading before the state capitol without clothing but with cardboard signs on front and back which avoided substantial exposure of sexual organs, Duvallon v.”

Show all 73 citing cases →

— 800.03(1) — 1 case

Harvill v. State of Florida (Fla. 1st DCA 2024).

— 800.03(1)(a) — 1 case

Faile v. City of Leesburg, FL (M.D. Fla. 2023).

— 800.03(3) — 1 case

Hartline v. State, 743 So. 2d 90 (Fla. 5th DCA 1999).

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