Florida Statute 800.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 800
LEWDNESS; INDECENT EXPOSURE

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F.S. 800.09

800.09 Lewd or lascivious exhibition in the presence of an employee.—

(1) As used in this section, the term:

(a) “Employee” means:

1. Any person employed by or performing contractual services for a public or private entity operating a state correctional institution or contractor-operated correctional facility;

2. Any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs under part II of chapter 946;

3. Any person who is a parole examiner with the Florida Commission on Offender Review; or

4. Any person employed at or performing contractual services for a county detention facility.

(b) “Facility” means a state correctional institution as defined in s. 944.02, a contractor-operated correctional facility as defined in s. 944.710, or a county detention facility as defined in s. 951.23.

(2)(a) A person who is detained in a facility may not:

1. Intentionally masturbate;

2. Intentionally expose the genitals in a lewd or lascivious manner; or

3. Intentionally commit 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 the simulation of any act involving sexual activity,

in the presence of a person he or she knows or reasonably should know is an employee.

(b) A person who violates paragraph (a) commits lewd or lascivious exhibition in the presence of an employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 2010-64; s. 17, ch. 2014-191; s. 1, ch. 2019-50; s. 34, ch. 2019-167; s. 13, ch. 2024-84.

F.S. 800.09 on Google Scholar

F.S. 800.09 on Casetext

Amendments to 800.09

Arrestable Offenses / Crimes under Fla. Stat. 800.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

S800.09 - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 8749 - F: T

S800.09 2 - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7454 - F: T

S800.09 2a - LEWD LASCV BEHAVIOR - COMMIT SEX ACT PRESENCE CORRECT FACIL EMPLOYEE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 800.09

Total Results: 9

Harvill v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: correctional facility employee, in violation of section 800.09(2)(a), Florida Statutes (2021), which provided

Harvill v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: correctional facility employee, in violation of section 800.09(2)(a), Florida Statutes (2021), which provided

Harvill v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: correctional facility employee, in violation of section 800.09(2)(a), Florida Statutes (2021), which provided

Harvill v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: correctional facility employee, in violation of section 800.09(2)(a), Florida Statutes (2021), which provided

Joshua Terrel Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: multiple employees.” In pertinent part, section 800.09(2)(a), Florida Statutes (2021), is directed at

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: the Legislature’s recent amendment to section 800.09, Florida Statutes (2019), which expanded the offense

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

Court: Supreme Court of Florida | Date Filed: 2018-11-15

Citation: 257 So. 3d 370

Snippet: definition applies for a violation of [§ 800.04(7)(a), § 800.09, or § 825.1025, as applicable], Fla. Stat."

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Supreme Court of Florida | Date Filed: 2015-10-08

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09, Fla. Stat. To prove the crime of Lewd or

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Supreme Court of Florida | Date Filed: 2013-12-05

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09, Fla. Stat. To prove the crime of Lewd or Lascivious