FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 11.9
UNLAWFUL EXPOSURE OF SEXUAL ORGANS
§ 800.03, Fla. Stat.
To prove the crime of Unlawful Exposure of Sexual Organs, the State must prove the following [four] [five] elements beyond a reasonable doubt:
Give if defendant is charged under § 800.03(1)(a), Fla. Stat.
1. (Defendant) exposed or exhibited [his] [her] sexual organs.
2. (Defendant) did so [in public] [on the private premises of another] [so near the private premises of another as to be seen from those private premises].
3. (Defendant) intended the exposure or exhibition of [his] [her] sexual organs to be in a vulgar, indecent, lewd, or lascivious manner.
4. The exposure or exhibition of the sexual organs was in a vulgar, indecent, lewd, or lascivious manner.
If defendant is charged only with exposure of sexual organs in public, the State need not prove that someone was offended. However, for cases involving exposure of sexual organs on private premises or so near to be seen from the premises, the jury must be instructed on element #5. State v. Kees, 919 So. 2d 504 (Fla. 5th DCA 2005). If the trial involves exposure of sexual organs in public and exposure of sexual organs on or near private premises, trial judges will need to draft a special instruction.
5. The exposure or exhibition of sexual organs caused offense to one or more persons viewing it.
Give if defendant is charged under § 800.03(1)(b), Fla. Stat.
1. (Defendant) was naked.
2. When (defendant) was naked, [he] [she] was in public.
3. (Defendant) intended [his] [her] nakedness to be in a vulgar, indecent, lewd, or lascivious manner.
4. The nakedness was in a vulgar, indecent, lewd, or lascivious manner.
Give in all cases.
Proof of mere nudity or exposure of a sexual organ is not sufficient for you to find the defendant guilty.
As used in regard to this offense, the words “vulgar,” “indecent,” “lewd,” and “lascivious” mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
Optional Definition.
“In public” means in any place intended or designed to be frequented or resorted to by the public.
Lesser Included Offense
EXPOSURE OF SEXUAL ORGANS — 800.03
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
None
Unnatural and lascivious act
800.02
11.8
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
3041025d0f36151e429a49c0105811e9e48012bdba11e6bef31c0c6fa19a1a7c
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