The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 800
LEWDNESS; INDECENT EXPOSURE

View Entire Chapter

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 private 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 private 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.

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 from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 370 (Fla. 2018)

. . . 2018, there is no case law that decides which definition applies for a violation of [§ 800.04(7)(a), § 800.09 . . . 11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09 . . . who have been sentenced by a court and committed to the custody of the Department of Corrections. § 800.09 . . . Offenses LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY - 800.09 . . . As of June 2018, there is no case law that decides which definition applies for a violation of § 800.09 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . 11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09 . . . who have been sentenced by a court and committed to the custody of the Department of Corrections. § 800.09 . . . Offenses LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY — 800.09 . . .

N. HAAS, Jr. v. WISCONSIN, H. L. Mc S., 241 F. Supp. 2d 922 (E.D. Wis. 2003)

. . . Section 800.09(1) authorizes a court to enter judgment after it “finds a defendant guilty.” . . . The titles of the subsections of § 800.09 also support this interpretation. See Mireles v. . . . Contrary to plaintiffs position, the language of § 800.09 and 800.095 does not indicate that § 800.095 . . . Stat. § 800.09(1) (1977) (amended 1988); see also Kilgore, 193 Wis.2d at 184, 532 N.W.2d 690 (quoting . . . For the foregoing reasons, I conclude that §§ 800.09(1) and 800.095 encompass default judgments. . . .

In BIG RIVERS ELECTRIC CORPORATION,, 233 B.R. 768 (Bankr. W.D. Ky. 1999)

. . . On August 31, 1997, there is an entry for which OHS seeks reimbursement of $800.09 for “business meals . . .

GUST G. v. S. JONES G. DIGHERA, v. S. JONES, 162 F.3d 587 (10th Cir. 1998)

. . . Dighera $40,-800.09, and it found Willis Shaw and Mr. . . .

UNITED STATES v. P. JILES,, 102 F.3d 278 (7th Cir. 1996)

. . . . § 800.09(2)(b) (West Supp.1995-1996). . . . Section 800.09(2)(a) of the Wisconsin Statutes, which deals with municipal court procedure, provides: . . .

In E. Z. SIMS D., 101 B.R. 52 (Bank. W.D. Wis. 1989)

. . . . § 800.09(l)(a) provides in part: If a municipal court finds a defendant guilty it may render judgment . . .