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Exposure of Sexual Organs (In a Vulgar or Indecent Manner) - Florida Statute 800.03

sex offenses

Have you been arrested and charged with exposing your sexual organs in an indecent manner in West Palm Beach? This statute prohibits anyone from showing their 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.

During Spring Break, this crime is broken many times. People drink too much and have to pee. They pee somewhere in view of other people and are arrested. Other times, people drink too much and get “wild” and flash each other or publically masturbate. All of these actions can be prosecuted under this statute. One man was even prosecuted under this statute for wearing shorts way too short inside a store and his “stuff” became exposed. See Ross v. State.

Actions that can violate this statute:

  • Flashing
  • Peeing in Public
  • Mooning
  • Nude Sunbathing
  • Streaking
  • Public Masturbating
  • Skinny Dipping
  • Way Too Short Shorts
  • Nudists Activities Too Close to Others
What the State Prosecutor has to Prove to Convict You of Committing Exposure of Sexual Organs

The prosecutor must prove beyond a reasonable doubt:

  1. You either:
    1. Uncovered or showed off your sexual organs; or
    2. You were naked;
  2. You did this:
    1. In a public place;
    2. On the private property of another;
    3. So near the private property that someone can see you;
  3. You intended the uncovering or showing of your sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner; and
  4. The uncovering or showing of the sexual organs or nakedness was in a vulgar, indecent, lewd, or lascivious manner.

“Vulgar,” “indecent,” “lewd,” and “lascivious” mean the same thing. They mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

Acts are not vulgar, indecent, lewd, or lascivious unless such acts cause offense to one or more persons viewing those acts or unless the acts substantially intrude upon the rights of others.

You might be wondering why any of the above listed actions would be a violation of this statute if they were not doing anything with lewd intentions. The police are not going to be trying to figure out your intentions but are going to likely arrest you and have your attorney figure out your intentions.

A “public place” is any place intended or designed to be frequented or resorted to by the public.

Hopefully, no one under 16 was around when this crime was committed because Florida Statute 800.04(7) makes this crime a second-degree felony if the defendant was over 18 or a third-degree felony if the defendant was under 18. A conviction under 800.04(7) will require the defendant to register as a sexual offender, unless Florida’s Romeo and Juliet Law applies.


This West Palm Beach crime is a first-degree misdemeanor, which is punishable up to 365 days in jail and a $1,000 fine.

Thankfully this crime does not require the defendant to register as a sex offender.

Contact the Law Office of Roger P. Foley, P.A.

If you have been arrested and charged with this crime, call our law offices today. There are many facts surrounding your case. It is important that you meet with us and tell us your side of the story with all the facts. This information will be critical to putting together a defense strategy for your case. Our West Palm Beach criminal attorneys will find out what evidence the prosecutor has against you. We will then inform you of your options on how to proceed with the case. The goal on any sex crime is to change or eliminate the charge. Each case is fact specific and we will find the best defense available based on your facts.

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I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!! Thomas
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom..... Steve
Roger P. Foley got me reinstated. Also he got my COS waived, and got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also I would refer him to anyone who has a criminal felony or misdemeanor case. Jamar
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best! Cassandra G.
I think your firm did a great job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim