Florida Statute 800.3 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 800
LEWDNESS; INDECENT EXPOSURE

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F.S. 800.03

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.

F.S. 800.03 on Google Scholar

F.S. 800.03 on CourtListener

Amendments to 800.03

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 800.03

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

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

Cases Citing Statute 800.03

Total Results: 62

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

SEXUAL ORGANS (IN A VULGAR OR INDECENT MANNER) F.S. 800.03 [Amended] Before you can find the defendant guilty

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

(section 800.02), exposure of sexual organ (section 800.03), and "lewd, lascivious, or indecent assault

Boss Capital, Inc. v. City of Casselberry

187 F.3d 1251, 1999 U.S. App. LEXIS 21022, 1999 WL 688046

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 1999 | Docket: 1118790

Cited 48 times | Published

a manner contrary to the first sentence of Section 800.03, Florida Statutes, the State’s indecent exposure

City of Oxford v. Federal Aviation Administration

428 F.3d 1346, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20219, 2005 U.S. App. LEXIS 23501, 2005 WL 2838490

Court of Appeals for the Eleventh Circuit | Filed: Oct 31, 2005 | Docket: 398429

Cited 30 times | Published

begins by consulting with the SHPO. 36 C.F.R. § 800.3(c)(3). In addition, the agency must attempt to

Hoffman v. Carson

250 So. 2d 891, 49 A.L.R. 3d 1078

Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 2517462

Cited 30 times | Published

by trade, was arrested for violating Fla. Stat. § 800.03, F.S.A., by going totally nude and exposing her

Jack Leverett v. The City of Pinellas Park

775 F.2d 1536, 1985 U.S. App. LEXIS 23992

Court of Appeals for the Eleventh Circuit | Filed: Nov 15, 1985 | Docket: 503533

Cited 24 times | Published

similar statutes and ordinances, such as Fla.Stat. § 800.03 (exposure of sexual organs) and Pinellas Park

Boss Capital v. City of Casselberry

187 F.3d 1251

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 1999 | Docket: 212292

Cited 23 times | Published

a manner contrary to the first sentence of Section 800.03, Florida Statutes, the State’s indecent exposure

Mercedes Duvallon v. The State of Florida

691 F.2d 483, 1982 U.S. App. LEXIS 24254

Court of Appeals for the Eleventh Circuit | Filed: Nov 8, 1982 | Docket: 1287822

Cited 23 times | Published

Stat.Ann. § 800.03. The order of the district court refers to a conviction under § 800.03, but the appellant

Gonzales v. City of Belle Glade

287 So. 2d 669

Supreme Court of Florida | Filed: Dec 20, 1973 | Docket: 2577590

Cited 23 times | Published

F.S.A., Unnatural and Lascivious Acts; and, Section 800.03, Florida Statutes, F.S.A., Exposure of sexual

Egal v. State

469 So. 2d 196, 10 Fla. L. Weekly 1303

District Court of Appeal of Florida | Filed: May 22, 1985 | Docket: 213325

Cited 15 times | Published

1st DCA 1981). Those cases were decided under section 800.03 which prohibits indecent exposure. However

Goodmakers v. State

450 So. 2d 888

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1433335

Cited 12 times | Published

violated section 800.03, Florida Statutes (1981), the indecent exposure statute. Section 800.03 reads in

Williams v. State

627 So. 2d 1279, 1993 WL 502610

District Court of Appeal of Florida | Filed: Dec 9, 1993 | Docket: 1752850

Cited 7 times | Published

Florida Statutes, and exposure of sexual organs, section 800.03, Florida Statutes. The jury found Williams

The Florida Bar v. McHenry

605 So. 2d 459, 17 Fla. L. Weekly Supp. 598, 1992 Fla. LEXIS 1628, 1992 WL 236205

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 1343528

Cited 7 times | Published

fitness as a lawyer in other respects." [3] Section 800.03, Florida Statutes (1989), provides in pertinent

Lifka v. State

530 So. 2d 371, 1988 WL 81550

District Court of Appeal of Florida | Filed: Aug 8, 1988 | Docket: 1268197

Cited 7 times | Published

genitals in a vulgar manner in violation of section 800.03, Florida Statutes (1985), a first degree misdemeanor

Moffett v. State

340 So. 2d 1155

Supreme Court of Florida | Filed: Oct 14, 1976 | Docket: 1298939

Cited 7 times | Published

suits. [9] Florida's indecent exposure statute, § 800.03, Fla. Stat. (1975), prohibits such conduct. (One

Kitts v. State

766 So. 2d 1067, 2000 WL 553926

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740

Cited 6 times | Published

under any circumstances violate this section." § 800.03, Fla. Stat. (1993). The legislature included the

Payne v. State

463 So. 2d 271

District Court of Appeal of Florida | Filed: Oct 26, 1984 | Docket: 2590423

Cited 6 times | Published

which affirmed his conviction for violation of section 800.03, Florida Statutes (1983), the indecent exposure

Fillingim v. State

446 So. 2d 1099

District Court of Appeal of Florida | Filed: Feb 8, 1984 | Docket: 2514276

Cited 6 times | Published

human breast at or below the areola." [8] Cf. § 800.03, Florida Statutes, Florida's indecent exposure

Garrett v. Department of Corrections

589 F. Supp. 2d 1289, 2007 WL 5844121

District Court, M.D. Florida | Filed: Jun 20, 2007 | Docket: 1482606

Cited 5 times | Published

members of the general public. See Fla. Stat. § 800.03. Throughout Garrett's employment, and continuing

Duvallon v. State

404 So. 2d 196

District Court of Appeal of Florida | Filed: Oct 1, 1981 | Docket: 1782308

Cited 5 times | Published

of the common law crime have been retained. Section 800.03, Florida Statutes (1971) represents Florida's

Tilley v. State

871 So. 2d 294, 2004 WL 588224

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1106721

Cited 4 times | Published

lascivious assault upon a child, in violation of section 800.03, Florida Statutes (1994). Tilley and the State

WRH v. State

763 So. 2d 1111, 1999 WL 1243886

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1681663

Cited 4 times | Published

his sexual organs in public in violation of section 800.03, Florida Statutes (1997). We affirm. Appellant

Wonyetye v. State

648 So. 2d 797, 1994 WL 715019

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 1342939

Cited 4 times | Published

conviction for exposure of sexual organs under section 800.03, Florida Statutes, he argues that there was

Ward v. State

636 So. 2d 68, 1994 WL 84173

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 356486

Cited 4 times | Published

Constitution. Ward was charged with violating section 800.03 of the Florida Statutes. That statute provides:

South Florida Free Beaches v. City of Miami, Fla.

548 F. Supp. 53

District Court, S.D. Florida | Filed: Sep 3, 1982 | Docket: 370266

Cited 4 times | Published

Ordinance 37-1, which incorporates by reference Fla.Stat. 800.03 (Exposure of Sexual Organs): It shall be unlawful

A.P. v. Department of Children & Families

230 So. 3d 3

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183892

Cited 3 times | Published

Florida’s Level 2 employment screening standards. § 800.03, Fla. Stat. (2016); § 435.04(2)(x), Fla. Stat

Marrs v. State

413 So. 2d 774

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 1702647

Cited 3 times | Published

U.S. 981, 30 L.Ed.2d 365 (1971) (Proviso in Section 800.03, Florida Statutes, that: "This act shall not

G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage

362 So. 2d 951, 1978 Fla. App. LEXIS 16632

District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 64566335

Cited 2 times | Published

prostitution, lewdness, or assignation. * * F.S. 800.03 proscribes exposure of sexual organs. It provides

Ware v. State

124 So. 3d 388, 2013 WL 5744445, 2013 Fla. App. LEXIS 16900

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235471

Cited 1 times | Published

place provided or set apart for that purpose.” § 800.03, Fla. Stat. (2013). . Ware claims on appeal

MacHiela v. STATE, DEPT. OF HEALTH, BOARD OF OPTOMETRY

995 So. 2d 1168, 2008 Fla. App. LEXIS 18486, 2008 WL 5156767

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1684898

Cited 1 times | Published

exposure, a first degree misdemeanor under section 800.03, Florida Statutes (2006), he was given twelve

Frandsen v. County of Brevard

800 So. 2d 757, 2001 WL 1589124

District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 1283212

Cited 1 times | Published

violation of section 877.03, Florida Statutes. [2] Section 800.03 provides in part: It is unlawful to expose

Shetler v. State

681 So. 2d 730, 1996 WL 273642

District Court of Appeal of Florida | Filed: May 24, 1996 | Docket: 1384787

Cited 1 times | Published

because the ordinance does not conflict with section 800.03 or section 877.03, Florida Statutes (1993)

United States v. a Naked Person Issued Notice of Violation No. P419490

841 F. Supp. 1153, 1993 U.S. Dist. LEXIS 19633, 1993 WL 557214

District Court, M.D. Florida | Filed: Nov 19, 1993 | Docket: 972958

Cited 1 times | Published

issues of interpretation and enforcement of Section 800.03, Florida Statutes, within the Canaveral National

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

“exposure of sexual organs,” Fla. Stat. § 800.03, to bans on “obscene show[s] . . . by a live person

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

“exposure of sexual organs,” Fla. Stat. § 800.03, to bans on “obscene show[s] . . . by a live person

Harvill v. State of Florida

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

Published

counts of indecent exposure, in violation of section 800.03(1), (2)(a), Florida Statutes (2022), based

RYAN BARRETT HENSLEE vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 19, 2023 | Docket: 68034574

Published

exposure of sexual organs, in violation of section 800.03, Florida Statutes (2021) (a first-degree misdemeanor)

The Florida Bar v. Anthony Wayne Blackburn

244 So. 3d 168

Supreme Court of Florida | Filed: May 24, 2018 | Docket: 6890130

Published

with exposure of sexual organs pursuant to section 800.03, Florida Statutes (2016), in Duval County,

Taylor v. State

141 So. 3d 748, 2014 WL 3302233, 2014 Fla. App. LEXIS 10499

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 753789

Published

frequented or resorted to by the public. See § 800.03, Fla. Stat. (2012) (in pertinent part, making

Usry v. State

118 So. 3d 988, 2013 WL 4104463, 2013 Fla. App. LEXIS 12786

District Court of Appeal of Florida | Filed: Aug 15, 2013 | Docket: 60233517

Published

victim described was at most a violation of section 800.03, Florida Statutes, which addresses the exposure

In re Standard Jury Instructions in Criminal Cases—Report No. 2010-03

48 So. 3d 41, 35 Fla. L. Weekly Supp. 559, 2010 Fla. LEXIS 1641, 35 Fla. L. Weekly Fed. S 559

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 60296604

Published

SEXUAL ORGANS (IN A VULGAR OR INDECENT MANNER) § 800.03, Fla. Stat. To prove the crime of [Indecent Exposure]

Slicker v. State

941 So. 2d 1191, 2006 Fla. App. LEXIS 17931, 2006 WL 3040664

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 64847806

Published

offense of exposing sexual organs in violation of section 800.03, which required proof of “an unlawful indulgence

State v. Kees

919 So. 2d 504, 2005 WL 3240071

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 1269765

Published

it unlawful to commit or engage in lewdness. Section 800.03 of the Florida Statutes makes it unlawful to

Ross v. State

876 So. 2d 684, 2004 Fla. App. LEXIS 8801, 2004 WL 1393574

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831369

Published

conviction of exposure of sexual organs, contrary to section 800.03, Florida Statutes (2002). We deny the petition

Cardona v. State

835 So. 2d 297, 2002 Fla. App. LEXIS 18700, 2002 WL 31840701

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 64820058

Published

crime was committed. . § 787.02(2); § 790.10; and § 800.03, Fla. Stat. (2001). . Williams v. State, 110

Widel v. Venz

805 So. 2d 1080, 2002 Fla. App. LEXIS 1083, 2002 WL 125624

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 64812039

Published

DCA 2001). . § 800.04, Fla. Stat. (1987). . § 800.03, Fla. Stat. (1987). . Moore v. Peavey, 729 So

Conforti v. State

800 So. 2d 350, 2001 Fla. App. LEXIS 16650, 2001 WL 1502899

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 64810344

Published

provisions within chapter 800 to cover it. Section 800.03 (exposure of sexual organs) prohibits exhibition

W.R.H. v. State

763 So. 2d 1111, 1999 Fla. App. LEXIS 17055

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64799189

Published

his sexual organs in public in violation of section 800.03, Florida Statutes (1997). We affirm. Appellant

Hartline v. State

743 So. 2d 90, 1999 Fla. App. LEXIS 12107, 1999 WL 729058

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64791652

Published

(1995). .§ 800.04(3), Fla.Stat.- (1995). . § 800.03(3), Fla.Slat. (1995) . 794.023 Sexual battery

Gilbert v. Sears, Roebuck & Co.

899 F. Supp. 597, 1995 U.S. Dist. LEXIS 15238, 1995 WL 608185

District Court, M.D. Florida | Filed: Oct 11, 1995 | Docket: 65999458

Published

with exposure of sexual organs pursuant to Section 800.03, Florida Statutes. *599 DISCUSSION Plaintiff

Bennington v. State

657 So. 2d 57, 1995 Fla. App. LEXIS 7277, 1995 WL 390174

District Court of Appeal of Florida | Filed: Jul 5, 1995 | Docket: 64757516

Published

the lesser included offense of exposure under section 800.03, Florida Statutes (1993). See Herrington v

Breeze v. State

634 So. 2d 689, 1994 Fla. App. LEXIS 1772, 1994 WL 68348

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 64747391

Published

also consistent with the construction given to section 800.03, Florida Statutes, which makes it “unlawful

Bordo, Inc. v. State

627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

encounters, pointing to one lewdness statute, section 800.03. We take the sexual acts and encounters in

The Florida Bar v. Hooper

564 So. 2d 1080, 15 Fla. L. Weekly Supp. 413, 1990 Fla. LEXIS 949, 1990 WL 107466

Supreme Court of Florida | Filed: Jul 26, 1990 | Docket: 64651988

Published

counts of indecent exposure, in contravention of section 800.03, Florida Statutes (1987). While still on probation

Everard v. State

559 So. 2d 427, 1990 Fla. App. LEXIS 2384, 1990 WL 41562

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 64649551

Published

INTO A PUBLIC PLACE WITHIN THE MEANING OF FLORIDA STATUTE 800.03? The majority declines to accept jurisdiction

South Florida Free Beaches, Inc. v. City of Miami

734 F.2d 608

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1984 | Docket: 66197361

Published

vague as applied to these plaintiffs. Fla.Stat. § 800.03 makes it unlawful for a person “to expose or exhibit

State v. Hillyard

398 So. 2d 996, 1981 Fla. App. LEXIS 19874

District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 64582832

Published

sexual organs in a public place contrary to Section 800.03, Florida Statutes (1979). *997On November 26

State v. Ell-Gee, Inc.

255 So. 2d 542, 1971 Fla. App. LEXIS 5619

District Court of Appeal of Florida | Filed: Dec 7, 1971 | Docket: 64523471

Published

charged with indecent exposure in violation of Section 800.03 of the Florida Statutes. Defendants ELL-GEE

State v. Petillo

250 So. 2d 264, 1971 Fla. LEXIS 3507

Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 64521290

Published

Court of Record, Dade County, in which Fla.Stat. § 800.03, F.S.A. was held unconstitutional. The Order is

Darden v. State

218 So. 2d 485, 1969 Fla. App. LEXIS 6275

District Court of Appeal of Florida | Filed: Feb 7, 1969 | Docket: 64508321

Published

exposure of sexual organs as proscribed by F.S. § 800.03, F.S.A., and (2) sufficiency of the evidence to

State v. Shedaker

196 So. 2d 202, 1967 Fla. App. LEXIS 5005

District Court of Appeal of Florida | Filed: Mar 14, 1967 | Docket: 64500107

Published

constituted an offense as a misdemeanor under § 800.03, Fla.Stat., F.S.A., which motion was granted.1

Browning v. City of Tampa

101 So. 2d 365, 1958 Fla. LEXIS 1641

Supreme Court of Florida | Filed: Mar 19, 1958 | Docket: 60189622

Published

is substantially the same as that condemned by § 800.03, Florida Statutes, F.S.A., yet the maximum punishment