§ 800.035, Fla. Stat. · Chapter 800. LEWDNESS; INDECENT EXPOSURE
Indecent exposure of sexual organs while observing a child.
Text — 2026 Florida Statutes
(1) A person commits the offense of indecent exposure of sexual organs while observing a child if that person, while observing a child under 16 years of age for the purpose of his or her own sexual arousal or gratification:
(a) Intentionally exposes his or her sexual organs in a lewd or lascivious manner; or
(b) Intentionally performs any sexual act that does not involve actual physical or sexual contact with the child, including, but not limited to, sadomasochistic abuse, sexual bestiality, masturbation, or the simulation of any act involving sexual activity.
(2) For the purposes of this section, the term “observing” means intentionally viewing another person under circumstances in which the offender is reasonably capable of being seen by the person being viewed.
(3) A person who commits indecent exposure of sexual organs while observing a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) It is not a defense under this section that the person being observed was not aware of any specific conduct on the part of the offender or did not see the offender’s sexual organs.
(5) A person does not commit the offense of indecent exposure of sexual organs while observing a child if the person is either of the following:
(a) A mother who is breastfeeding her baby.
(b) An individual who is merely nude in a place provided or set apart for that purpose.
Notes and commentary — not statutory text
History
s. 2, ch. 2026-159.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0800/0800.html
- Text hash
- sha256 35da87e9b522a84e14b90f9c4daa8a780966207d9812a72c40673084ebb49296
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082
- § 775.083, Fla. Stat.Fines.Printed as s. 775.083
- § 775.084, Fla. Stat.Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.Printed as s. 775.084
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.