Indecent Exposure

800.03. Exposure of sexual organs
It is unlawful to expose or exhibit one's 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 to be naked
in public except in any place provided or set apart for that purpose.
Violation of this section is a misdemeanor of the first 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.

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

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

(c) "Coercion" means the use of exploitation, bribes, threats of
force, or intimidation to gain cooperation or compliance.

(d) "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 person who:

(a) Engages in sexual activity with a person 12 years of age or older
but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of
age to engage in sadomasochistic abuse, sexual bestiality, prostitution,
or any other act involving sexual activity

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

(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.

(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) 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 live over a computer
online service, Internet service, or local bulletin board service and
who knows or should know or has reason to believe that the transmission
is viewed on a computer or television monitor by a victim in this state
who is less than 16 years of age, commits lewd or lascivious exhibition.
The fact that an undercover operative or law enforcement officer was
involved in the detection and investigation of an offense under this
paragraph shall not constitute a defense to a prosecution under this
paragraph.

(c) 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.

(d) 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.

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