Florida Statute 800 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 800
LEWDNESS; INDECENT EXPOSURE

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CHAPTER 800

LEWDNESS; INDECENT EXPOSURE

800.02 Unnatural and lascivious act.

800.03 Exposure of sexual organs.

800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.

800.05 Forfeiture of retirement benefits for a felony defined in s. 800.04.

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

800.101 Offenses against students by authority figures.

800.02 Unnatural and lascivious act.—A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section.

History.—s. 1, ch. 7361, 1917; RGS 5425; CGL 7568; s. 778, ch. 71-136; s. 2, ch. 93-4.

800.03 Exposure of sexual organs.—

(1) A person commits unlawful exposure of sexual organs by:

(a) Exposing or exhibiting his or her 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

(b) Being naked in public in a vulgar or indecent manner.

(2)(a) Except as provided in paragraph (b), a violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) The exposure of sexual organs by any of the following does not violate this section:

(a) A mother breastfeeding her baby; or

(b) An individual who is merely naked at any place provided or set apart for that purpose.

History.—s. 1, ch. 7360, 1917; RGS 5445; CGL 7588; s. 1, ch. 61-51; s. 779, ch. 71-136; s. 3, ch. 93-4; s. 1, ch. 2020-84.

800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.—

(1) DEFINITIONS.—As used in this section:

(a) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

(d) “Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

(e) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.

(2) PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.

(3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.

(4) LEWD OR LASCIVIOUS BATTERY.—

(a) A person commits lewd or lascivious battery by:

1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or

2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.

(b) Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of:

1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);

2. Section 787.01(3)(a)2. or 3.;

3. Section 787.02(3)(a)2. or 3.;

4. Chapter 794, excluding s. 794.011(10);

5. Section 825.1025;

6. Section 847.0135(5); or

7. This section.

(5) LEWD OR LASCIVIOUS MOLESTATION.—

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.

(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of:

1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);

2. Section 787.01(3)(a)2. or 3.;

3. Section 787.02(3)(a)2. or 3.;

4. Chapter 794, excluding s. 794.011(10);

5. Section 825.1025;

6. Section 847.0135(5); or

7. This section.

(6) LEWD OR LASCIVIOUS CONDUCT.—

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act

commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) LEWD OR LASCIVIOUS EXHIBITION.—

(a) A person who:

1. Intentionally masturbates;

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

3. Intentionally commits 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 victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) EXCEPTION.—A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.

History.—s. 1, ch. 21974, 1943; s. 1, ch. 26580, 1951; s. 780, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 40, ch. 75-298; s. 291, ch. 79-400; s. 5, ch. 84-86; s. 1, ch. 90-120; s. 5, ch. 93-4; s. 6, ch. 99-201; s. 1, ch. 2000-246; s. 5, ch. 2005-28; s. 3, ch. 2008-172; s. 3, ch. 2008-182; s. 6, ch. 2014-4; s. 7, ch. 2022-165.

800.05 Forfeiture of retirement benefits for a felony defined in s. 800.04.—The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, defined in s. 800.04 are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee when the offense occurs; the person commits the offense through the use or attempted use of power, rights, privileges, duties, or position of the person’s public office or employment position; and the victim is younger than 16 years of age when the offense occurs.

History.—s. 6, ch. 2008-108.

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.

800.101 Offenses against students by authority figures.—

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

(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school, including school resource officers as provided in s. 1006.12.

(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37. The term does not include a facility dedicated exclusively to the education of adults.

(2) An authority figure shall not solicit or engage in:

(a) Sexual conduct;

(b) A relationship of a romantic nature; or

with a student.

(3) A person who violates subsection (2) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Subsection (2) does not apply to conduct constituting an offense that is subject to reclassification under s. 775.0862.

(5)(a) A person who is required to report a violation of subsection (2) and who knowingly or willfully fails to do so, or who knowingly or willfully prevents another person from doing so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who knowingly or willfully submits false, inaccurate, or incomplete information while reporting a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) A person who knowingly or willfully coerces or threatens another person with the intent to alter his or her testimony or written report regarding a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 4, ch. 2018-150; s. 4, ch. 2022-154.

F.S. 800 on Google Scholar

F.S. 800 on Casetext

Amendments to 800

Arrestable Offenses / Crimes under Fla. Stat. 800

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

S800.02 - SEX OFFENSE - UNNATURAL AND LASCIVIOUS ACT - M: S

S800.03 - INDECENT EXPOSURE - RENUMBERED. SEE REC # 9120 - M: F

S800.03 1a - INDECENT EXPOSURE - EXPOSURE OF SEXUAL ORGANS 1ST OFFENSE - M: F

S800.03 1a - INDECENT EXPOSURE - EXPOSURE OF SEXUAL ORGANS 2ND SUB OFF - F: T

S800.03 1b - INDECENT EXPOSURE - VULGAR INDECENT PUBLIC NUDITY 1ST OFFENSE - M: F

S800.03 1b - INDECENT EXPOSURE - VULGAR INDECENT PUBLIC NUDITY 2ND SUBSQ OFF - F: T

S800.04 - SEX OFFENSE-AGAINST CHILD-FONDLING - ERROR-DEGREE NOT SAME FOR ENTIRE SECTION - F: S

S800.04 4a - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7699 - F: S

S800.04 4a1 - LEWD LASCV BEHAVIOR - LEWD OR LASCIVIOUS BATTERY VICTIM AGE 12 TO 16 - F: S

S800.04 4a1 - LEWD LASCV BEHAVIOR - LEWD LASCV BATTERY VIC AGE 12 TO 16 PREV CONV - F: F

S800.04 4a2 - LEWD LASCV BEHAVIOR - LL BATT PROMOTE SEX ACT VIC LT 16 PREV CONV - F: F

S800.04 4a2 - LEWD LASCV BEHAVIOR - PROMOTE SEXUAL ACTIVITY VICTIM LESS THAN 16 - F: S

S800.04 4b - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7691 - F: S

S800.04 4c1 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PREV CONV KIDNP MINOR SEXBAT LEWD - F: F

S800.04 4c1 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON FALS IMPRISN MINOR SEXBAT - F: F

S800.04 4c2 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON KIDNP MINOR SEX BAT CHILD - F: F

S800.04 4c2 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON KIDNP MINOR LL BAT MOLEST - F: F

S800.04 4c3 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON FALS IMP MINOR SEXBAT CHLD - F: F

S800.04 4c3 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON FALS IMP MINR LL BAT MOLST - F: F

S800.04 4c4 - LEWD LASCV BEHAVIOR - LL BATTERY 18YGT PREV CONV SEXUAL BATT CHP 794 - F: F

S800.04 4c5 - LEWD LASCV BEHAVIOR - LLBATT 18YGT PRE CON LL BATTERY ELDER DISABLED - F: F

S800.04 4c6 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON COMPUTER SEX ACT VIC LT16Y - F: F

S800.04 5b - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 4009 - F: F

S800.04 5b - LEWD LASCV BEHAVIOR - MOLEST VIC LESS 12YOA OFFENDER 18 YOA OR OLDER - F: L

S800.04 5c1 - LEWD LASCV BEHAVIOR - MOLEST VIC LT 12 YOA OFF LT 18 YOA - F: S

S800.04 5c2 - LEWD LASCV BEHAVIOR - MOLEST VIC 12 YOA LT 16 YOA OFF 18 YOA OLDER - F: S

S800.04 5d - LEWD LASCV BEHAVIOR - MOLEST CHILD 12YOA UP TO 16YOA BY LESS 18YOA - F: T

S800.04 5e - LEWD LASCV BEHAVIOR - MOLEST VIC 12 YOA LT 16 YOA OFF 18Y OLDER SUBS - F: F

S800.04 6a - LEWD LASCV BEHAVIOR - REMOVED - F: T

S800.04 6a - LEWD LASCV BEHAVIOR - REMOVED - F: S

S800.04 6b - LEWD LASCV BEHAVIOR - CONDUCT BY PERSON 18YOA OR OLDER - F: S

S800.04 6c - LEWD LASCV BEHAVIOR - CONDUCT BY PERSON LESS THAN 18 YOA - F: T

S800.04 7a - LEWD LASCV BEHAVIOR - REMOVED - F: T

S800.04 7a - LEWD LASCV BEHAVIOR - REMOVED - F: S

S800.04 7b - LEWD LASCV BEHAVIOR - EXHIBITION OFF 18 YOA OLDER VICTIM LESS 16 YOA - F: S

S800.04 7c - LEWD LASCV BEHAVIOR - EXHIBITION OFF LESS 18 YOA VICTIM LESS 16 YOA - F: T

S800.04 7c - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6528 - F: S

S800.04 7c - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6530 - F: S

S800.04 7d - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6529 - F: T

S800.04 7d - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6531 - F: T

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

S800.101 2a - SEX OFFENSE - AUTH FIGURE SOLICIT ENG SEX CONDUCT W STUDENT - F: S

S800.101 2b - SEX OFFENSE - AUTH FIGURE SOLICIT ENG ROMANTIC REL W STUDENT - F: S

S800.101 2c - SEX OFFENSE - AUTH FIGURE SOLICIT ENG LEWD CONDUCT W STUDENT - F: S

S800.101 3 - SEX OFFENSE - RENUMBERED. SEE REC # 9065 - F: S

S800.101 3 - SEX OFFENSE - RENUMBERED. SEE REC # 9066 - F: S

S800.101 3 - SEX OFFENSE - RENUMBERED. SEE REC # 9067 - F: S

S800.101 5a - PUBLIC ORDER CRIMES - FAIL OR PREVENT REPORT OFFENSE AGAINST STUDENT - M: F

S800.101 5b - FRAUD-FALSE STATEMENT - FALSE INACCURATE REPORT OFFENSE AGST STUDENT - M: F

S800.101 5c - OBSTRUCT - COERCE THREATEN PREV REPORT OFFEN AGST STUDENT - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 800

Total Results: 20

Pula v. Dixon

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: filed under Florida Rule of Criminal Procedure 3.800(a)), Pula v. State, 833 So. 2d 154 (Fla. 5th DCA

Dillon Mathew Voegele v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: rule 3.800(a). See Kramer v. State, 326 So. 3d 1202, 1203 (Fla. 1st DCA 2021) (“A rule 3.800(a) motion…relief under Florida Rule of Criminal Procedure 3.800(a), arguing that his life sentences violated the …than by information is not cognizable under rule 3.800(a). See Echeverria v. State, 949 So. 2d 331, 335 …335 (Fla. 1st DCA 2007) (explaining that rule 3.800 is “not the correct procedural vehicle for attacking

McKee v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: lascivious exhibition—violations of sections 800.04(5)(b) and 800.04(7)(b), Florida Statutes (2019), respectively…section 800.04(5)(b), Florida Statutes; Count 2, lewd or lascivious exhibition under section 800.04(7)(…lesser of unnatural and lascivious act under section 800.02. The trial court instructed the jury on battery

Birdsong v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: sentence under Florida Rule of Criminal Procedure 3.800(a). We find his claims to be meritless, and affirm…guidelines may not be brought pursuant to [rule 3.800(a)] if the departure sentence is within the legal

Frederick Thomas Staats v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-12T00:00:00-08:00

Snippet: _____________________________ 3.800 Appeal from the Circuit Court for Volusia County.

Jafet Manuel Andrillon v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: timely filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing errors in both…Fla. 6th DCA 2023) (recognizing that under rule 3.800(b)(2), when the trial court does not rule on the

Erester Markque Ashford v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: Fla. R. Crim. P. 3.800(b)(2) (emphasis added). Thus, the plain language of rule 3.800(b)(2) “contemplates…INITIAL BRIEF AND TO PERMIT THE FILING OF A RULE 3.800(b)(2) MOTION TO CORRECT ILLEGAL SENTENCE… so that he may file in the trial court a rule 3.800(b)(2) motion to correct illegal sentence. In short…brief. Florida Rule of Criminal Procedure 3.800(b)(2) allows either the State or a defendant to file…served his initial brief in this case, “the rule 3.800(b)(2) remedy is foreclosed.” See Paige v. State,