Arrestable Offenses / Crimes under Fla. Stat. 800.09
S800.09 2 - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7454 - F: T
S800.09 - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 8749 - F: T
S800.09 2a - LEWD LASCV BEHAVIOR - COMMIT SEX ACT PRESENCE CORRECT FACIL EMPLOYEE - F: T
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...04- Comment This instruction was adopted in 1981 and amended in 1989 [
543 So.2d 1205 ], 1992 [
603 So.2d 1175 ], and 2007 [
953 So.2d 495 ], and 2013. 11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY §
800.09, Fla....
...A “private correctional facility” is any facility, which is not operated by the Department of Corrections, for the incarceration of adults or juveniles who have been sentenced by a court and committed to the custody of the Department of Corrections. § 800.09(l)(a), Fla....
...at the act was taking place. *730 Neither a victim’s lack of chastity nor a victim’s consent is a defense to the crime charged. Lesser Included Offenses LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY — 800.09 CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...2d 1138] and amended in
2015. For offenses occurring prior to October 1, 2008, refer to section
800.04(7)(b), Florida Statutes (2007).
11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE
IN THE PRESENCE OF AN EMPLOYEE OF A FACILITY
§
800.09, Fla....
...Stat.
A “private correctional facility” is any facility, which is not operated by
the Department of Corrections, for the incarceration of adults or juveniles
who have been sentenced by a court and committed to the custody of the
Department of Corrections.
§ 800.09(1)(a), Fla....
...Stat.
Neither a victim’s lack of chastity nor a victim’s consent is a defense to
the crime charged.
Lesser Included Offenses
LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE
PRESENCE OF AN EMPLOYEE OF A FACILITY—800.09
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 4th District Court of Appeal
...ious
exhibition violate the prohibition against double jeopardy. He argues that
the statute does not allow for multiple convictions “for a single act of lewd
behavior when it is done in the presence of multiple employees.”
In pertinent part, section 800.09(2)(a), Florida Statutes (2021), is
directed at a person who “intentionally masturbate[s] ....
.... . in the presence
of a person he or she knows or reasonably should know is an employee.”
Subsection (1) defines “employee” to include “[a]ny person employed at or
performing contractual services for a county detention facility.” §
800.09(1)(a)4., Fla....
...as to the intended unit of prosecution.” Losada,
175 So. 3d at 914. Still,
the unit of prosecution is not “automatically rendered ambiguous
whenever a statute uses the word ‘any.’” Bautista,
863 So. 2d at 1188.
Here, appellant’s two convictions under section
800.09 for a single lewd
act in the presence of two correctional facility employees did not violate
double jeopardy. Section
800.09 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....
...3d at 28 (“It is clear from the assault statute that the legislature
intended to punish the criminal defendant separately for each victim the
defendant placed in fear by his or her threat.”).
We reject Brown’s focuses on the word “any” in the section
800.09(1)(a)4. definition of “employee.” To determine the unit of
prosecution, the crucial provision of section
800.09(2)(a) is the subsection
prohibiting the behavior, not the statute’s definition of an “employee.”
Brown’s reliance upon section
775.021(4)(b)1., Florida Statutes (2021),
is similarly misplaced....
...The court explained: “The size of the audience
or the number of witnesses should not determine the number of allowable
convictions under subsection
800.04(3); rather, the number of distinct
lewd acts should be determinative.” Id. By contrast, because of the use
of the article “a” instead of “any,” section
800.09(2)’s focus is on the
number of employees present during the commission of a lewd act, not the
number of distinct lewd acts committed.
As the State concedes, certain costs were imposed in error....
CopyPublished | Supreme Court of Florida
...‘sadomasochistic abuse’ and ‘sexual bestiality’ in §
847.001, Fla. Stat., that differ
from the statutory definitions in §
827.071, Fla. Stat. As of June 2018, there is no
case law that decides which definition applies for a violation of [§
800.04(7)(a), §
800.09, or §
825.1025, as applicable], Fla....
...the necessary lesser-included offense.
This instruction was adopted in 2008 [
998 So. 2d 1138] and amended in
2015 [
176 So. 3d 938], and 2018.
11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE
PRESENCE OF AN EMPLOYEE OF A FACILITY
§
800.09, Fla....
...Stat.
A “private correctional facility” is any facility, which is not operated by
the Department of Corrections, for the incarceration of adults or juveniles
who have been sentenced by a court and committed to the custody of the
Department of Corrections.
§ 800.09(1)(a), Fla....
...Stat.
Neither a victim’s lack of chastity nor a victim’s consent is a defense to
the crime charged.
Lesser Included Offenses
LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE
PRESENCE OF AN EMPLOYEE OF A FACILITY — 800.09
CATEGORY ONE CATEGORY TWO FLA....
...of “sadomasochistic abuse” and “sexual
bestiality” in §
827.071, Fla. Stat., that differ from the statutory definitions in
§
847.001, Fla. Stat. As of June 2018, there is no case law that decides which
definition applies for a violation of §
800.09, Fla....
CopyPublished | Supreme Court of Florida
...sed
amendments to the instructions for publication and use as proposed. Some of the
more significant changes to the instructions are discussed below.
First, instruction 11.10(g) is amended based upon the Legislature’s recent
amendment to section 800.09, Florida Statutes (2019), which expanded the offense
to include commission of lewd or lascivious exhibition in a county detention
facility....
...that term, as defined by section
951.23(1), Florida Statutes (2019), is added. In
addition, the phrase “any person employed at or performing contractual services
for a county detention facility” is added to the definition of “employee,” based
upon the addition of section
800.09(1)(a)4.
Next, the theft instruction, 14.1, is amended based upon the change to the
grand theft statute, section
812.014(2)(c), Florida Statutes (2019), which changed
the value of the property stolen from $300 or more to $750 o...
...for Petitioner
-4-
APPENDIX
11.10(g) LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE
PRESENCE OF AN EMPLOYEE OF A FACILITY
§ 800.09, Fla....
...a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either a felony or a
misdemeanor.
§ 800.09(1)(a), Fla....
...Stat.
Neither a victim’s lack of chastity nor a victim’s consent is a defense to
the crime charged.
Lesser Included Offenses
LEWD OR LASCIVIOUS EXHIBITION BY A DETAINEE IN THE
PRESENCE OF AN EMPLOYEE OF A FACILITY — 800.09
CATEGORY ONE CATEGORY TWO FLA....
...chistic abuse” and “sexual
bestiality” in §
827.071, Fla. Stat., that differ from the statutory definitions in §
847.001, Fla. Stat. As of June 2018September 2019, there is no case law that
decides which definition applies for a violation of §
800.09, Fla....
CopyPublished | Florida 1st District Court of Appeal
...h victim.
The Fourth District recently examined a very similar statute
and rejected a double jeopardy challenge to convictions for two
counts of lewd or lascivious exhibition in the presence of a
correctional facility employee, in violation of section
800.09(2)(a),
Florida Statutes (2021), which provided in part that a detained
person may not “intentionally masturbate . . . in the presence of a
person he or she knows or reasonably should know is an
employee.” 4 Brown v. State,
374 So. 3d 832, 836 (Fla. 4th DCA
4 Section
800.09(2)(a), Florida Statutes, provides as follows:
(2)(a) A person who is detained in a facility may not:
1....
...including, but not limited to, sadomasochistic abuse,
7
2023) (reflecting that the appellant masturbated once in the
presence of two employees). 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 will
support a separate charge. Id. The court distinguished Hernandez
because the statute in that case proscribed the knowing
commission of a lewd act in the presence of “any child,” whereas
section 800.09(2) used the word “a” instead of “any,” indicating
that “section 800.09(2)’s focus is on the number of employees
present during the commission of a lewd act, not the number of
distinct lewd acts committed.” Id....
