Florida Statute 800.09 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 800.09

Annotations, Discussions, Cases:

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

Cases Citing Statute 800.09

Total Results: 6

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

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

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

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

Harvill v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062888

Published

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

Joshua Terrel Brown v. State of Florida

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68043002

Published

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

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

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

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

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

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

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

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

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