Arrestable Offenses / Crimes under Fla. Stat. 800.03
S800.03 - INDECENT EXPOSURE - RENUMBERED. SEE REC # 9120 - M: F
S800.03 1b - INDECENT EXPOSURE - VULGAR INDECENT PUBLIC NUDITY 2ND SUBSQ OFF - F: T
CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...ile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. (5) EXPOSURE OF SEXUAL ORGANS (IN A VULGAR OR INDECENT MANNER) F.S. 800.03 [Amended] Before you can find the defendant guilty of (crime charged) [Indecent Exposure] [or] [Nakedness], the State must prove the following three four elements beyond a reasonable doubt: Elements 1....
CopyCited 71 times | Published | Supreme Court of Florida | 2001 WL 776269
...nes. [9] Chapter 794 covered sexual battery (section
794.011), and carnal intercourse with an unmarried person under the age of eighteen (section
794.05). Chapter 800 covered "unnatural and lascivious act" (section
800.02), exposure of sexual organ (section
800.03), and "lewd, lascivious, or indecent assault or act upon or in the presence of a child" (section
800.04)....
CopyCited 48 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 21022, 1999 WL 688046
... simulating sexual activities or specified anatomical areas.
(c) An adult entertainment establishment shall not be deemed a place provided or set apart for the purpose
of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence of Section 800.03,
Florida Statutes, the State's indecent exposure statute as set forth in the decision of the Supreme Court of
Florida in the case of Hoffman v....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 35 Envtl. L. Rep. (Envtl. Law Inst.) 20219, 2005 U.S. App. LEXIS 23501, 2005 WL 2838490
begins by consulting with the SHPO. 36 C.F.R. § 800.3(c)(3). In addition, the agency must attempt to
CopyCited 30 times | Published | Supreme Court of Florida | 49 A.L.R. 3d 1078
...Counsel, Jacksonville, for Dale Carson; Charles P. Pillans, III, Jacksonville, for T. Edward Austin, Jr., appellees. CARLTON, Justice. 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....
...Subsequently, she filed a complaint in Circuit Court, Duval County, in which she sought to have an injunction levied against the Sheriff, the City, and the State Prosecutor so as to restrain them from unconstitutionally interfering with her artistry. The Circuit Court declared Fla. Stat. § 800.03, F.S.A., to be constitutionally valid, and entered a Final Judgment denying the requested relief. Our jurisdiction vests accordingly. Article V, § 4(2), Florida Constitution, F.S.A. The statute provides: "§ 800.03....
...vant to the issue of appellant's violation of the indecent exposure statute, especially since the issue here is conduct and not speech. Cf. Huffman v. United States, 259 A.2d 342 (D.C.App. 1969). The Final Judgment appealed from, in which Fla. Stat. § 800.03, F.S.A., was adjudged constitutional, is affirmed....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 23992
...roviding nude dancing as soon as the ordinances became effective), they (or their employees) had apparently been arrested and prosecuted not long before the enactment of §§ 16-110 and 16-112 under similar statutes and ordinances, such as Fla.Stat. § 800.03 (exposure of sexual organs) and Pinellas Park Ordinance 16-139 (apparently a predecessor to § 16-110), and hence had reason other than the mere existence of the challenged ordinances to fear prosecution....
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit
...sexual activities or specified anatomical areas.
(c) An adult entertainment establishment shall not be
deemed a place provided or set apart for the purpose of exposing or
exhibiting a person’s sexual organs in a manner contrary to the first
sentence of Section 800.03, Florida Statutes, the State’s indecent
exposure statute as set forth in the decision of the Supreme Court of
Florida in the case of Hoffman v....
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 24254
...cover the requirements of § 2254. The dismissal of the petition for habeas relief for lack of jurisdiction is AFFIRMED. 1 . There is some confusion over whether this conviction was under §
877.03 or the Florida public nudity statute, Fla.Stat.Ann. §
800.03. The order of the district court refers to a conviction under §
800.03, but the appellant and the appellee both state that the conviction was under §
877.03....
CopyCited 23 times | Published | Supreme Court of Florida
...1972), where the facts also encompassed all, or at least some, of the elements of: Section
798.02, Florida Statutes, F.S.A., Lewd and Lascivious behavior; Section 798.03, Florida Statutes, F.S.A., Fornication; Section
800.02, Florida Statutes, F.S.A., Unnatural and Lascivious Acts; and, Section
800.03, Florida Statutes, F.S.A., Exposure of sexual organs....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1303
...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. State,
404 So.2d 196 (Fla. 1st DCA 1981). Those cases were decided under section
800.03 which prohibits indecent exposure. However, the element of lewdness and lasciviousness has been determined to exist under both section
800.03 and
800.04....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...ty Circuit Court which affirmed a conviction and sentence rendered by the Collier County Court for the first-degree misdemeanor of indecent exposure. We grant the petition and reverse. The state filed an information alleging that Goodmakers violated section 800.03, Florida Statutes (1981), the indecent exposure statute. Section 800.03 reads in full: 800.03 Exposure of Sexual Organs....
...The Collier County Court rendered an order denying Goodmakers' motion to dismiss. Goodmakers subsequently withdrew the not guilty plea, entered a plea of no contest, and reserved the right to appeal whether the facts contained in the motion to dismiss constituted a violation of section 800.03....
...453,
30 L.Ed.2d 365 (1971), and Duvallon v. State,
404 So.2d 196 (Fla. 1st DCA 1981). He maintains that he has therefore been found guilty of conduct which is not proscribed by Florida law. In Hoffman, the Florida Supreme Court made the following observation regarding section
800.03: Because of the nature of the statute, the terms in question must be construed *891 as necessarily relating to a lascivious exhibition of those private parts of a person which common propriety requires to be customarily kept covered in the presence of others....
...This construction necessarily applies also to the language, " or so to expose or exhibit his person in such place, or to go or be naked in such place."
250 So.2d at 893. (Emphasis added.) The First District Court of Appeal, relying upon Hoffman, held in Duvallon that "in order for nudity to be prosecutable under section
800.03, Florida Statutes, there must be a lewd or lascivious exhibition or exposure of the sexual organs."
404 So.2d at 197. (Emphasis added.) Frankly, we disagree with our state supreme court's interpretation of section
800.03 in Hoffman....
...lace" to deem the mere act of "go[ing] or be[ing] naked in such place" a first-degree misdemeanor. Such a law would be within the ambit of the legislature's police power. In any event, we are constrained to follow the supreme court's construction of section
800.03. See State v. Dwyer,
332 So.2d 333, 335 (Fla. 1976). Hence, in order for there to be a violation of section
800.03, there must be, coupled with mere nudity, "lascivious" exposition or exhibition of the defendant's sexual organs....
...In other words, it is uncontradicted that he did not engage in a lewd or lascivious exhibition or exposition of his private parts while naked. Accordingly, because a judgment of guilt and sentence have been entered against Goodmakers based upon facts which, as a matter of law, do not amount to a violation of section 800.03, we grant the petition and reverse the conviction and sentence....
CopyCited 7 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 598, 1992 Fla. LEXIS 1628, 1992 WL 236205
...ine." [2] Rule 4-8.4(b), Rules Regulating The Florida Bar, provides in pertinent part: "A lawyer shall not: ... (b) Commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects." [3] Section 800.03, Florida Statutes (1989), provides in pertinent part: "It shall be unlawful for any person to expose or exhibit his sexual organs in any public place ......
CopyCited 7 times | Published | Supreme Court of Florida
...males may have psychological effects on observers at least as stimulating as would be the case if no fabric were worn at all. Witness the disuse after only one or two fashion seasons of topless bathing suits. [9] Florida's indecent exposure statute, § 800.03, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1993 WL 502610
...knew the difference between the truth and a lie. At the charge conference the trial court denied Williams' request for instructions on two lesser included offenses, unnatural and lascivious act, section
800.02, Florida Statutes, and exposure of sexual organs, section
800.03, Florida Statutes....
...Under these cases Williams has made a sufficient showing to require an instruction on the permissive lesser included offense of unnatural and lascivious act. The trial court properly refused to instruct on exposure of sexual organs. The evidence does not support such an instruction. Section 800.03, Florida Statutes, prohibits exposure of sexual organs "in any public place or on the private premises of another, or so near thereto as to be seen from such private premises." The incident in the instant case does not satisfy this requirement as it occurred in Williams' home....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1988 WL 81550
...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 800.03, Florida Statutes (1985), a first degree misdemeanor....
...offense charged, arguing that the evidence construed most favorably for the state completely failed to prove the assaults alleged in the information and that the evidence was sufficient to prove only vulgar exposure of one's genitals in violation of section 800.03....
...iciency of the state's case to prove the alleged assaults, but eventually decided to let *374 the matter go to the jury. [2] The trial court, with the state's concurrence, instructed the jury on the lesser included offense of indecent exposure under section 800.03....
...The court then instructed the jury on the definition of "lewd, lascivious and indecent" in accordance with these standard jury instructions. The court also instructed the jury on two lesser included offenses: (1) exposure of sexual organ in a *375 vulgar or indecent manner, prohibited by section 800.03, and (2) simple assault....
...At no time has the state suggested that this conviction should or could be sustained as a violation of section
800.04(3). The evidence was obviously sufficient to support conviction of the lesser included offense of indecent exposure in violation of section
800.03. We note, however, that section
800.03 is directed at punishing the act of indecent exposure irrespective of the number of persons present; thus, the act of exposure on February 4 and again on February 22 would constitute two offenses, not four separate offenses as charged in the information....
...State v. Ell-Gee, Inc.,
255 So.2d 542 (Fla. 3d DCA 1971). The judgment of conviction for violating section
800.04(1) and the sentence imposed thereon is reversed, and the case is remanded for entry of a judgment of conviction and sentence for violation of section
800.03 consistent with this opinion....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for respondent. OTT, Judge. 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. We grant the petition. Petitioner was charged with violating section 800.03, a first-degree misdemeanor, following his arrest for urinating on a public parking lot....
...it court. On appeal, the circuit court affirmed the county court's decision. This case is controlled by our recent decision in Goodmakers v. State,
450 So.2d 888 (Fla. 2d DCA 1984). In Goodmakers, we held that in order for there to be a violation of section
800.03 there must be a lascivious exposure of a sexual organ....
...This means that "the perpetrator's exposition or exhibition involves `an unlawful indulgence in lust, eager for sexual indulgence.' Cheesebrough v. State,
255 So.2d 675, 677 (Fla. 1971)." Based upon the undisputed facts *272 in the instant case, petitioner's conduct as a matter of law did not constitute a violation of section
800.03....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...(f) `Nude or semi-nude entertainment' consists of the following: (i) The actual or simulated displaying of the genitals, vulva, pubic area, buttocks, anus or anal cleft or clevage. (ii) The actual or simulated displaying by a female of the area of the human breast at or below the areola." [8] Cf. § 800.03, Florida Statutes, Florida's indecent exposure statute, the constitutionality of which was upheld in Hoffman v....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 553926
...nection with prohibited behavior. In criminalizing as "indecent exposure" the display of "sexual organs," the Legislature provided the following exception: "A mother's breastfeeding of her baby does not under any circumstances violate this section." § 800.03, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...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. Section 800.03, Florida Statutes (1971) represents Florida's effort at supplanting *197 the common law offense....
...resence of others. This construction necessarily applies also to the language, `or so to expose or exhibit his person in such place, or to go or be naked in such place.' We take this language to mean that in order for nudity to be prosecutable under section 800.03, Florida Statutes, there must be a lewd or lascivious exhibition or exposure of the sexual organs....
CopyCited 5 times | Published | District Court, M.D. Florida | 2007 WL 5844121
...The DOC also recognized the necessity of this rule, because all prior attempts to control gunning had been unsuccessful. The inmate rule of conduct tracked almost verbatim the Florida criminal law which prevented similar conduct by members of the general public. See Fla. Stat. § 800.03....
CopyCited 4 times | Published | District Court, S.D. Florida
...City of Miami Ordinance 37-4 (Bathing in Nude Condition): No person shall bathe, wash or swim in any river, bay, lake, pond or pool within the city, being naked or insufficiently clothed to prevent improper exposure of his person. 4. 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 such private premises, in a vulgar or inde...
...Town of Southampton, supra,
457 F.Supp. at 1176 ("suitable bathing dress" is not vague as applied to nudity); United States v. Hymans, supra,
463 F.2d 615 ("indecent conduct" is not vague as applied to nudity). The Florida Statutes challenged are somewhat more problematic. Section
800.03, Florida Statutes, prohibits exposure of a person's sexual organs or nudity in a public place. The statute excepts places "provided or set apart for that purpose." The Florida Supreme Court has repeatedly upheld Section
800.03 against constitutional challenge. Hoffman v. Carson,
250 So.2d 891 (Fla. 1971); State v. Petillo,
250 So.2d 264 (Fla. 1971). In Hoffman, supra, a go-go dancer who had been arrested on three successive *58 nights for violating Section
800.03 by going totally nude and exposing her sex organs in the course of her performances sued to enjoin further interference with her performances....
...ept covered in the presence of others. This construction necessarily applies also to the language, `or so to expose or exhibit his person in such place, or to go or be naked in such place.'" Hoffman v. Carson,
250 So.2d at 893. Plaintiffs argue that Section
800.03, as limited by the Florida Supreme Court, is inapplicable to their activities. If this were so, plaintiffs would not have standing to challenge that statute absent an actual attempt by the police to enforce it against them. It appears to the Court, however, that Section
800.03 should clearly apply to public nudity, especially when the nudity is unrelated to any form of artistic expression....
...if it is so drawn as to sweep within its ambit protected speech or expression or other persons not before the Court." Doran v. Salem Inn, Inc., supra,
422 U.S. 922, at 923,
95 S.Ct. 2561, 2563,
45 L.Ed.2d 648. Florida's "indecent exposure statute," Section
800.03, Florida Statutes, presents no overbreadth problem....
...The statute specifically proscribes the exposure of "sexual organs in a public place." This statute does not include any significant protected conduct within its ambit. See State v. Petillo,
250 So.2d 264 (Fla.1971). Though perhaps not as specifically drafted as Section
800.03, Miami City Ordinance 37-4 also presents no overbreadth problem....
...The portion of Florida statute Section
877.03 that purports to make it unlawful to "commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency" is hereby declared unconstitutional. 2. Insofar as the relevant portions of City of Miami Ordinances 37-4 and 37-32, and Section
800.03 Florida Statutes are constitutional and insofar as the Court does not need to reach the question of whether City of Miami Ordinance 37-65 is overbroad, the defendants may continue to enforce these statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 588224
...Because we conclude that Tilley's sentence is illegal, we remand this matter to the trial court so that the sentence can be restructured. Pursuant to a plea agreement with the State, Tilley pled nolo contendere to three counts of lewd or lascivious assault upon a child, in violation of section 800.03, Florida Statutes (1994)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1994 WL 84173
...eral Constitution we issue the writ. We do not reach the further question of whether the state's conduct in this case impaired Ward's right of privacy provided for by Article I, section 23 of the Florida Constitution. Ward was charged with violating section 800.03 of the Florida Statutes....
...in a vulgar and indecent manner, or so to expose or exhibit his person in such place, or to go or be naked in such place. Provided, however, this section shall not be construed to prohibit the exposure of such organs or the person in any place provided or set apart for that purpose... . § 800.03, Fla....
...He did not expect anyone to peek in at him through the crack in the door and a hole in the wall. He was aware of another occupant in the stall next door, but did not look through the hole in the partition, and never saw its occupant. He admitted to "playing" with himself "too much." Since a violation of section 800.03 is a first degree misdemeanor in Florida, the charges against Ward were brought in the county court....
...Apparently, no motion to dismiss or motion pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) was filed in this case. We have serious doubts that any "crime" was committed in this case, based on the record before this court. The Florida case law dealing with section 800.03 requires that the exposure of one's person or the doing of a lewd act, be in the presence of another person, or in a public place from which the public is not excluded and could be reasonably expected to be....
...(1964); 50 Am.Jur.2d Lewdness & Indecency §§ 1, 17. It appears from this record that Ward was not in such a public place, and the only reason Officer Barker saw him was because *70 Barker peeked (knothole fashion) through the door crack. Further, section 800.03 specifically provides that the exposure of sex organs must take place in a locality not "set apart for that purpose." [3] Obviously a closed toilet stall is one place set aside for that purpose....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 715019
...Under the facts, the trial court did not abuse its discretion. *799 We also disagree with appellant's contention that the trial court should have granted his motion for judgment of acquittal. As to his conviction for exposure of sexual organs under section 800.03, Florida Statutes, he argues that there was no evidence that his exposure of himself was in any way in a "vulgar or indecent manner," because there was no evidence that he intended anyone to see him....
...State,
404 So.2d 196, 197 (Fla. 1st DCA 1981), the First District cited Chesebrough v. State,
255 So.2d 675, 677, 678 (Fla. 1971), cert. denied,
406 U.S. 976,
92 S.Ct. 2427,
32 L.Ed.2d 676 (1972), and explained that a "vulgar or indecent manner" under section
800.03 necessarily related to a lascivious exhibition of private parts, which exhibition must be lewd, that is, involving an unlawful indulgence in lust, eager for sexual indulgence....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 1243886
...Petillo, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, for appellee. DELL, J. W.R.H. appeals his conviction and sentence for exposing his sexual organs in public in violation of section 800.03, Florida Statutes (1997)....
...ents vulgar, indecent, lewd, and lascivious mean the same thing, his acts must be both vulgar and lascivious, not vulgar or lascivious. This interpretation, however, is contrary to the plain meaning of the statute and the standard jury instructions. Section 800.03 makes it unlawful to expose one's sexual organs in public "in a vulgar or indecent manner." § 800.03, Fla....
...However, we cannot conclude that the newly discovered evidence would have probably produced an acquittal on retrial when considered in conjunction with the other two witnesses' testimony. Accordingly, we affirm appellant's conviction and sentence for exposing his sexual organs in violation of section 800.03, Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...the officer and was arrested.
He pled no contest to the misdemeanor of exposure of sexual organs, which
is a disqualifying offense from being able to work with children and
vulnerable adults under Florida’s Level 2 employment screening
standards. § 800.03, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...a public shower stall at a spa or a gym or, conceivably, while undergoing an examination at a doctor's office. *776 Compare Hoffman v. Carson,
250 So.2d 891 (Fla. 1971), appeal dismissed,
92 S.Ct. 453,
404 U.S. 981,
30 L.Ed.2d 365 (1971) (Proviso in Section
800.03, Florida Statutes, that: "This act shall not be construed to prohibit the exposure of such organs or the person in any place provided or set apart for that purpose," sufficiently restricts the application of the statute so as to bring...
CopyCited 2 times | Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16632
...“(b) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation with himself or herself. “(c) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation. * * F.S. 800.03 proscribes exposure of sexual organs....
...and legs on Hall’s legs while dancing. “(2) That, on or about April 16, 1975, an agent, servant or employee of the Respondent, [G & B of Jacksonville, Inc.] Sarah Jane Smith, did unlawfully expose or exhibit her sexual organs in violation of Section 800.03, Florida Statutes....
...We therefore hold that the record reveals substantial competent evidence to sustain the first and third charges hereinabove quoted. However the second charge, as already noted, alleged that Ms. Smith “did unlawfully expose or exhibit her sexual organs in violation of Section 800.03, Florida Statutes”....
...Smith have exposed her sexual organ in order to have lewdly rubbed her vagina on Detective Hall’s leg. There is an obvious distinction, as apparently recognized by re- *957 spondent, between the conduct proscribed by F.S.
796.07 and that proscribed by F.S.
800.03. Discussing the latter statute (F.S.
800.03) and emphasizing its area of proscription, the Supreme Court of Florida in Hoffman v. Carson,
250 So.2d 891 (Fla.1971), said: “ * * * Rather, it [F.S.
800.03] is directed at the exposure of sexual organs and nudity, * * * ‡ ‡ % ‡ ‡ “But our holding here is not meant to suggest that nudity or exposure in all circumstances would not be violative of this statute. * * * ” (emphasis the courts: 250 So.2d at pages 893 and 894) The Hoffman decision involved a “go-go dancer” who was arrested for violating F.S.
800.03 by going totally nude and exposing her sex organs in the course of her performances....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 5744445, 2013 Fla. App. LEXIS 16900
..."It is unlawful to expose or exhibit one’s 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 to be naked in public except in any place provided or set apart for that purpose.” § 800.03, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 19633, 1993 WL 557214
...United States District Court, M.D. Florida, Orlando Division. November 19, 1993. *1154 Roberto Moreno, Orlando, FL. L.D. Murrell, West Palm Beach, FL. ORDER BAKER, United States Magistrate Judge. This case presents issues of interpretation and enforcement of Section 800.03, Florida Statutes, within the Canaveral National Seashore....
...The Court sits to decide the cases properly brought before it. Similarly, the Court expresses no opinion as to the propriety or social utility of the Defendant's conduct. In Hoffman v. Carson,
250 So.2d 891 (Fla.1971), the Florida Supreme Court was presented with a challenge to the constitutionality of Section
800.03, Fla.Stats....
...ve elucidation of this state law. In seeking to enforce a state criminal law under the Assimilative Crimes Act, the federal government must take state law as it finds it. The lower courts of Florida have consistently relied on this interpretation of Section 800.03 to narrow its application....
...The decision of the Eleventh Circuit in South Florida Free Beaches, Inc. v. City of Miami,
734 F.2d 608 (1984) neither compels nor supports a contrary result. In that case, the Court upheld the denial of a requested injunction against enforcement of various statutes and ordinances related to nudity, including Sec.
800.03....
...In rejecting challenges to the statute, the Court referred to and relied on the Florida Supreme Court's limitation: "The statute does not prohibit all nudity." Id. at 611. The conduct of the Defendants here, as stipulated, is public nudity no more, no less. Based on the Florida Supreme Court's interpretation of Sec. 800.03, such conduct does not violate the statute....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1996 WL 273642
...Johns County,
856 F.Supp. 641 (M.D.Fla.1994), judgment affirmed,
66 F.3d 272 (11th Cir. Fla.1994), cert. denied, ___ U.S. ___,
116 S.Ct. 1544,
134 L.Ed.2d 647 (1996). We also answer the second question in the negative because the ordinance does not conflict with section
800.03 or section
877.03, Florida Statutes (1993)....
...However, nothing in the statutes or in the ordinance indicates that they cannot co-exist. See Moffett v. State,
340 So.2d 1155 (Fla.1976) (dealing with the application of section
877.03, Florida Statutes (1975)); Hoffman,
250 So.2d 891 (dealing with the application of section
800.03, Florida Statutes (1969)); Goodmakers v....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 1589124
...Gavin of Rumberger, Kirk & Caldwell, P.A., Orlando, for Appellee. THOMPSON, C.J. Appellants appeal the dismissal of their complaint against Brevard County. The appellants sought a judgment declaring that Brevard County Ordinance 95-21 [1] and sections
800.03 [2] and
877.03 [3] , Florida *758 Statutes, violate the equal protection guarantee of Article I section 2 of the Florida Constitution to the extent that they prohibit exposure of the female breast in circumstances where the exposure of the male breast would not be prohibited....
...State,
340 So.2d 1155 (Fla.1976); McGuire v. State,
489 So.2d 729 (Fla.1986). AFFIRMED. COBB and PETERSON, JJ., concur. NOTES [1] The ordinance makes it a violation to appear nude in a public place or to appear nude so as to be in violation of section
877.03, Florida Statutes. [2] Section
800.03 provides in part: It is unlawful to expose or exhibit one's 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 to be naked in public except in any place provided or set apart for that purpose....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 18486, 2008 WL 5156767
...Machiela was interviewed by a police officer, he stated that he could not recall his zipper being down in front of anyone but acknowledged that "it could have happened." After pleading guilty to one count of indecent exposure, a first degree misdemeanor under section 800.03, Florida Statutes (2006), he was given twelve months probation, fifty hours of community service, required to submit to a psychological sexual evaluation and assessed court costs....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 559, 2010 Fla. LEXIS 1641, 35 Fla. L. Weekly Fed. S 559
...erson doing an act.normally tending to excite a desire for-sexual satisfaction, Lesser Included Offenses [[Image here]] Comment This instruction was adopted in 1981 and revised in 2010. 11.9 EXPOSURE OF SEXUAL ORGANS (IN A VULGAR OR INDECENT MANNER) § 800.03, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 17931, 2006 WL 3040664
...tent. §§
800.04(5), (7), Fla. Stat. (2003). This is defined as “a wicked, lustful, unchaste, licentious, or sensual intent[.]” Fla. Std. Jury Instr. (Crim.). The jury was also instructed on the offense of exposing sexual organs in violation of section
800.03, which required proof of “an unlawful indulgence in lust or a wicked, lustful, unchaste, licentious or sensual intent[,]” and the offense of committing an unnatural and lascivious act in violation of section
800.02, which required...
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 15238, 1995 WL 608185
...e premises of the Sears store. A police officer surveying the men’s bathroom from the ceiling and a police officer located in the bathroom observed Plaintiff. The police arrested Plaintiff and charged him with exposure of sexual organs pursuant to Section 800.03, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16650, 2001 WL 1502899
...It cannot be said that appellant’s masturbation was committed by a person with “another person.” The legislature seems to have implicitly recognized that section
800.02 would not be applicable to behavior such as this by designing other statutory provisions within chapter 800 to cover it. Section
800.03 (exposure of sexual organs) prohibits exhibition and exposure of one’s sexual organs in public in a vulgar or indecent manner and section
800.04(7)(a)l (lewd or lascivious exhibition) specifically prohibits intentionally masturbating in the presence of a victim less than 16 years of age. Certainly, the public exhibition statute, section
800.03, if charged, would have been applicable to appellant’s behavior under these circumstances....
CopyPublished | Supreme Court of Florida
...ceedings are as follows. On
September 16, 2016, Respondent was arrested and charged with battery pursuant to
section
784.041(1)(a), with solicitation of prostitution pursuant to section
796.07(2)(f), and with exposure of sexual organs pursuant to section
800.03,
Florida Statutes (2016), in Duval County, Florida....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19874
sexual organs in a public place contrary to Section
800.03, Florida Statutes (1979). *997On November 26
CopyPublished | Florida 5th District Court of Appeal
...Pursuant to a plea agreement, Appellant Henslee
entered a nolo contendere plea to one count of child abuse, in violation of
sections
827.03(1)(b) and
827.03(2)(c), Florida Statutes (2021) (a third-
degree felony); and one count of exposure of sexual organs, in violation of
section
800.03, Florida Statutes (2021) (a first-degree misdemeanor).
The only error apparent on the face of the record is a $151 court cost
imposed pursuant to section
938.10, Florida Statutes (2021), for the violation
of section
800.03....
...But section
938.10 authorizes the cost only for the child abuse count, not for the
exposure of sexual organs count.
Accordingly, we affirm the judgment and sentence except as to the
imposition of the $151 court cost imposed for the violation of section
800.03,
which is stricken. We remand to the trial court for entry of an amended
sentence which imposes the $151 cost as to the child abuse count, but which
does not impose the same as to the violation of section
800.03.
1
Anders v....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
“exposure of sexual organs,” Fla. Stat. §
800.03, to bans on “obscene show[s] . . . by a live person
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
...graphic depictions
of childbirth.” FDBPR then charged defendants with violating a number of
Florida statutes, ranging from prohibitions of “lewd or lascivious exhibition,”
Fla. Stat. §
800.04(7), and vulgar or indecent “exposure of sexual organs,” Fla.
Stat. §
800.03, to bans on “obscene show[s] ....
CopyPublished | Supreme Court of Florida | 1958 Fla. LEXIS 1641
...blic place to three female persons, two of whom were minors, “in violation of City of Tampa Code 26-47.” Petitioner contends that the offense of which he was convicted under this section of the code is substantially the same as that condemned by § 800.03, Florida Statutes, F.S.A., yet the maximum punishment allowable under the code is greater than that prescribed for violation of the statute....
...and it would be necessary to remand the cause for imposition of a new sentence not greater than that prescribed by the state statute. But there is a preliminary flaw in petitioner’s argument which we conceive to be fatal to his position. Both F.S. § 800.03, F.S.A., and § 26-46 of the Tampa Code prohibit indecent exposure, in identical language....
...In that case appellant had been convicted of being a “lewd, wanton and lascivious person” under § 7655 C.G.L., 1927 [F.S. § 856.02, F.S.A.] and contended that at most he should have been informed against only for indecent exposure under § 7588 C.G.L., 1927 [F.S. § 800.03, F.S.A.] for which the penalty was lighter....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5005
...t in the presence of a female child of less than fourteen years of age, in violation of §
800.04 Fla.Stat., F.S.A. The appellee moved to quash the information, contending that the alleged acts, at most, constituted an offense as a misdemeanor under §
800.03, Fla.Stat., F.S.A., which motion was granted....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 8801, 2004 WL 1393574
GROSS, J. Jeffrey Ross petitions for a writ of cer-tiorari from an appellate decision of the circuit court that affirmed his conviction of exposure of sexual organs, contrary to section 800.03, Florida Statutes (2002). We deny the petition, finding no departure from the essential requirements of law. To be convicted of violating section 800.03, the state must prove that the defendant’s public exposure of himself was “in a vulgar or indecent manner.” See Wonyetye v....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ay not be absolutely clear, it certainly applies to public nudity. Ordinance 37-65 is inapplicable because it expressly exempts sunbathing next to a public beach or pool. Neither are the state statutes vague as applied to these plaintiffs. Fla.Stat. § 800.03 makes it unlawful for a person “to expose or exhibit his sexual organs” or to appear naked in public....
...restrict activities beyond nude sunbathing. The plaintiffs have standing to raise this issue. Doran v. Salem, Inc.,
422 U.S. 922, 933 ,
95 S.Ct. 2561, 2568-69 ,
45 L.Ed.2d 648, 660 (1975). The Supreme Court of Florida limited the reach of Fla.Stat. §
800.03 in Hoffman v. Carson,
250 So.2d 891, 894 (Fla.1971). The statute does not prohibit all nudity. “As a performance or an event moves more toward speech and further away from conduct, a more creditable issue would arise....” Id. Thus, §
800.03 does not impinge upon constitutionally protected expression....
...Provided, however, this section shall not be construed to prohibit the exposure of such organs or the person in any place provided or set apart for that purpose. Any person convicted of a violation hereof shall be guilty of a misdemeanor of the first degree, punishable as provided in § 755.082 of § 755.083. Fla.Stat. § 800.03....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 3302233, 2014 Fla. App. LEXIS 10499
...the evidence adduced
below, when viewed in a light most favorable to the State, was insufficient to
demonstrate that Taylor exposed or exhibited his sexual organs in a place intended
or designed to be frequented or resorted to by the public. See §800.03, Fla....
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3507
Court of Record, Dade County, in which Fla.Stat. §
800.03, F.S.A. was held unconstitutional. The Order is
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 7277, 1995 WL 390174
PER CURIAM. We reverse Appellant’s convictions and sentences for indecent assault and remand for a new trial. The state acknowledges that it was error to deny the requested jury instruction on the lesser included offense of exposure under section 800.03, Florida Statutes (1993)....
CopyPublished | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 413, 1990 Fla. LEXIS 949, 1990 WL 107466
...Hooper be suspended from the practice of law for a period of one year, with conditions. We have jurisdiction. Art. V, § 15, Fla. Const. In its complaint, The Florida Bar alleged that Hooper previously has been convictéd of two counts of indecent exposure, in contravention of section 800.03, Florida Statutes (1987)....
CopyPublished | Florida 4th District Court of Appeal | 1969 Fla. App. LEXIS 6275
exposure of sexual organs as proscribed by F.S. §
800.03, F.S.A., and (2) sufficiency of the evidence to
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 1083, 2002 WL 125624
....DCF uses South Bay to house pretrial detainees who have declined to participate in voluntary counseling/treatment programs offered by DCF. No counseling or treatment is provided at that facility. State, Dept. of Children & Families v. Jackson,
790 So.2d 535 (Fla. 2d DCA 2001). . §
800.04, Fla. Stat. (1987). . §
800.03, Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5619
...of the Florida Statutes. Defendants, NANCY FREEMAN, NORMAN PAUL MEARES, HUGH WASHINGTON WILLIAMS, JR., KAREN DE VRIES, CAROLE ANN HOLLENBECK, JOHN COPELAND, and MARC BROCK a/k/a BARRY BENNETT were also charged with indecent exposure in violation of Section 800.03 of the Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 17055
his sexual organs in public in violation of section
800.03, Florida Statutes (1997). We affirm. Appellant
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 3240071
...n's exposed vaginas, and a man lifting the skirt of a woman and performing cunnilingus on her. Respondents were arrested and charged with committing lewd and lascivious acts as well as exposing their sexual organs in violation of sections
796.07 and
800.03 of the Florida Statutes (2004)....
...face, require the State to submit proof that anyone was offended by the prohibited conduct. In that regard, section
796.07 of the Florida Statutes defines lewdness as any indecent or obscene act and makes it unlawful to commit or engage in lewdness. Section
800.03 of the Florida Statutes makes it unlawful to expose or exhibit one's sexual organs in public....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11935, 1993 WL 492540
...It is clear to us, however, that none of the property seized is capable of being used to commit the alleged misdemeanors. Having disclaimed any obscenity violations, the state justifies the wholesale seizure on the basis of the alleged sexual encounters, pointing to one lewdness statute, section 800.03....
...The term "lewdness” does not appear to have a constant meaning or context under the Florida Criminal Code. For example, chapter 800 is entitled "LEWDNESS; INDECENT EXPOSURE." Section
800.02 criminalizes "unnatural and lascivious act[s] with another” and makes a such violations misdemeanors. Section
800.03 makes it 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 such private premises, in a vulgar or indecent manner, or so to e...
CopyPublished | Florida 1st District Court of Appeal
...indecent exposure convictions must be vacated.
Facts
Appellant was charged with six counts of lewd or lascivious
exhibition, in violation of section
800.04(7)(a), (b), Florida Statutes
(2022), and five counts of indecent exposure, in violation of section
800.03(1), (2)(a), Florida Statutes (2022), based on allegations that
he exposed his penis and masturbated in the presence of eleven
individuals on July 24, 2022....
...lascivious battery, lewd or lascivious molestation, and lewd or
lascivious conduct, similarly uses the language “a person,” except
in section
800.04(4)(a)2., which refers to “any person.” §
800.04,
Fla. Stat.
4
Section
800.03, Florida Statutes (2022), is titled “Exposure of
sexual organs” and provides in pertinent part as follows:
(1) A person commits unlawful exposure of sexual organs
by:
(a) Exposing or exhibiting his or her sexual organ...
...lascivious exhibition and indecent exposure arising from the same
criminal transaction violate double jeopardy. The two offenses are
separate because each requires proof of an element that the other
does not – age of the victim in section
800.04(7) and location in
section
800.03(1) –, and section
800.04(7) prohibits a wider range
of conduct such that a violation thereof can be established with
proof of an act other than exposure....
...prosecution under section
800.04(7) is the number of victims, not
the number of lewd acts. Therefore, we affirm Appellant’s
convictions and sentences on the six counts of lewd or lascivious
exhibition.
Finally, we look for the allowable unit of prosecution under
section
800.03 to determine whether Appellant can be convicted of
multiple counts of indecent exposure arising out of a single
incident. Unlike section
800.04(7), section
800.03(1) is not
amenable to the a/any test as it contains neither word in reference
to the victim. What is more, the statute does not reference a
victim, and it contemplates multiple witnesses to the vulgar act
through its references to the exposure occurring in public. Because
section
800.03(1) is ambiguous, the rule of lenity requires us to
resolve the ambiguity in Appellant’s favor and hold that the
allowable unit of prosecution is the number of exposures, not the
number of persons witnessing it....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4104463, 2013 Fla. App. LEXIS 12786
...Appellant, who waived the right to a jury trial, moved for a judgment of acquittal, arguing that the State failed to prove lewd or lascivious exhibition, that the charged crime required some “real obvious masturbatory act or something awfully close to it,” and that.what the victim described was at most a violation of section
800.03, Florida Statutes, which addresses the exposure of sexual organs. The trial court denied the motion. Following Appellant’s testimony that he only urinated in front of the victim, and after the parties’ closing arguments, the trial court stated in part that the difference between section
800.03 and section
800.04(7), in a “non legal way of looking at it,” was the sexual intent versus an “obnoxious intent.” The trial court found that there was no way to conclude that Appellant’s conduct was anything “other than the sexual intent that’s necessary” for the charged crime....
..., or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemean- or of the first degree .... § 800.03, Fla....
...or lascivious manner for purposes of section
800.04(7)). We also reject Appellant’s argument that the trial court committed fundamental error by incorrectly interpreting the law when rendering its guilty verdict. Although Appellant is correct that section
800.03 requires a sexual intent as opposed to an “obnoxious intent” as noted by the trial court, the fact remains that Appellant’s repeated and intentional exposure of himself to a thirteen-year-old child while she waited at a school bus stop supports a guilty verdict on the charged crime of lewd or lascivious exhibition under section
800.04(7). Although section
800.03 prohibits the exposure of a person’s sexual organs, the statute does not specifically pertain to victims less than sixteen years of age as does section
800.04(7)....
