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Indecent Exposure of Sexual Organs F.S. 800.03

Of all possible sex crimes, indecent exposure is definitely the most tame. However, that doesn’t mean it doesn’t come with undesirable consequences. If you’ve been charged with the indecent exposure of sexual organs, contact the experienced legal team at Hanlon Law today to start building your best possible defense.


What is the Indecent Exposure of Sexual Organs Charge?


In the state of Florida, it is illegal to be nude or partially nude in a “vulgar or indecent manner” outside your own personal private property. Florida Statute 800.03 prohibits the exposure of sexual organs on public property or someone else’s private property, except places specifically set apart for the purposes of exposure (such as nude beaches). The charge may also apply if you are technically not on someone else’s private property, but close enough to it that you can be seen by them. 


Sexual organs, for the purposes of this statute, includes genitalia, buttocks, and breasts. An important exception to this law is a mother breastfeeding a baby, which does not constitute indecent exposure of sexual organs. 


What Qualifies as Exposure?


Any action or behavior that uncovers the genitalia, buttocks, and/or breasts (aside from breastfeeding) can fall under this statute. Some common examples include, but are not limited to:


  • Flashing (lifting up shirt to expose breasts)
  • Urinating (by a man or woman)
  • Mooning (pulling down pants or otherwise revealing the buttocks)
  • Sunbathing Naked (reclining in public view partially or fully nude)
  • Streaking (running through public places completed nude)
  • Masturbation (may also constitute sex crime charges)
  • Skinny Dipping (swimming in the nude)


These charges may also apply if the coverings for sexual organs are deemed clearly insufficient. For example, a shirt that is cut in such a manner as to display the breasts, or shorts that are cut high enough that the penis can be seen. 


Designated nudist areas are generally exempt from this statute. However, nudist activities (organized or spontaneous) that occur too close to non-nudist locations and in view of persons outside the designated nudist areas could still lead to exposure charges.


What Qualifies as Vulgar or Indecent?


Florida Statute 800.03 specifically notes that the exposure in question must be vulgar or indecent in nature in order to constitute charges. This condition can be difficult to prove, as it requires an understanding of the defendant’s intent. In general, however, an act can be considered vulgar or indecent if it offends the prevailing public morals. 


So, for example, changing your shirt behind a building where you believe yourself to be hidden would likely not constitute a vulgar or indecent manner. But changing your shirt in a crowded public space where you cannot reasonably expect not to be seen shows an awareness of the potential for exposing yourself to others that would constitute vulgar or indecent intent. 


What Are the Consequences for the Indecent Exposure of Sexual Organs?


For first-time offenders, indecent exposure is considered a first-degree misdemeanor, punishable by up to either a year in jail or a year of probation, along with a $1,000 fine. However, subsequent offenses (second, third, fourth, etc) are charged as third-degree felonies, which are met with up to either 5 years in prison or 5 years of probation, and a $5,000 fine.


Though a first-time offense is only a misdemeanor, it can still lead to long-lasting social stigma, and even difficulties obtaining housing, jobs, professional licensure, and educational opportunities. 


Exposure of Sexual Organs Defense Lawyer in Orlando


When it comes to charges of indecent exposure of sexual organs, the law specifically denotes that the exposure must be done in a “vulgar or indecent manner.” This means that the exposure in question must have been done with the intent to expose. Intent can be difficult, if not impossible, to conclusively prove, making it the most difficult component for the prosecution to show beyond a reasonable doubt. An experienced attorney will know how to best approach your defense, which is why you should seek legal counsel as soon as you become aware of any charges. 


At Hanlon Law, our legal team offers nearly two decades of experience in the courtroom. We take an aggressive, hands-on approach designed to secure the best possible outcome in all situations. We’ll make sure to advocate on your behalf at every opportunity both in and out of the courtroom, and do everything in our power to help you build the best possible defense. 


Contact Halon Law today to schedule a free consultation.

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