Florida Statutes
Fla. Stat. § 800.09 (2025)
Lewd or lascivious exhibition in the presence of an employee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(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.
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.
Arrestable Offenses under F.S. 800.09
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§800.09(2)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 7454
§800.09LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 8749
§800.09(2a)LEWD LASCV BEHAVIORCOMMIT SEX ACT PRESENCE CORRECT FACIL EMPLOYEE
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2013–2024 · leading case: In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “(Defendant) was detained in a [state correctional institution] [private correctional facility].”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09, Fla. Stat. To prove the crime of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility, the State must prove the following three elements…”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “(Defendant) was detained in a [state correctional institution] [private correctional facility].”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-09 (Fla. 2020). “10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09, Fla. Stat. To prove the crime of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility, the State must prove the following three elements…”
Joshua Terrel Brown v. State of Florida (Fla. 4th DCA 2023). “09 is unambiguous and allows for separate convictions for each employee present during the lewd act. Section 800.09(2)’s use of the word “a” in the phrase “presence of a person” indicates that each victim present at an exposure will support a separate charge.”
Harvill v. State of Florida (Fla. 1st DCA 2024). “The court determined that the allowable unit of prosecution under section 800.09(2) is the number of employees, not the number of lewd acts, because the statute’s use of the article “a” in the phrase “presence of a person” indicates that each person present during the exposure…”
— 800.09(1)(a) — 3 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “(Defendant) was detained in a [state correctional institution] [private correctional facility].”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-09 (Fla. 2020). “10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09, Fla. Stat. To prove the crime of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility, the State must prove the following three elements…”
Joshua Terrel Brown v. State of Florida (Fla. 4th DCA 2023). “09 is unambiguous and allows for separate convictions for each employee present during the lewd act. Section 800.09(2)’s use of the word “a” in the phrase “presence of a person” indicates that each victim present at an exposure will support a separate charge.”
— 800.09(2) — 2 cases
Harvill v. State of Florida (Fla. 1st DCA 2024). “The court determined that the allowable unit of prosecution under section 800.09(2) is the number of employees, not the number of lewd acts, because the statute’s use of the article “a” in the phrase “presence of a person” indicates that each person present during the exposure…”
Joshua Terrel Brown v. State of Florida (Fla. 4th DCA 2023). “09 is unambiguous and allows for separate convictions for each employee present during the lewd act. Section 800.09(2)’s use of the word “a” in the phrase “presence of a person” indicates that each victim present at an exposure will support a separate charge.”
— 800.09(2)(a) — 2 cases
Harvill v. State of Florida (Fla. 1st DCA 2024). “The court determined that the allowable unit of prosecution under section 800.09(2) is the number of employees, not the number of lewd acts, because the statute’s use of the article “a” in the phrase “presence of a person” indicates that each person present during the exposure…”
Joshua Terrel Brown v. State of Florida (Fla. 4th DCA 2023). “09 is unambiguous and allows for separate convictions for each employee present during the lewd act. Section 800.09(2)’s use of the word “a” in the phrase “presence of a person” indicates that each victim present at an exposure will support a separate charge.”
— 800.09(l)(a) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY § 800.09, Fla. Stat. To prove the crime of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility, the State must prove the following three elements…”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “(Defendant) was detained in a [state correctional institution] [private correctional facility].”
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