F.S. 800.03 [Misdemeanor First Degree]
Before you can find a Defendant guilty of exposure, the State Attorney’s Office must prove the following four elements beyond a reasonable doubt:
- Defendant exposed or exhibited his/her sexual organs, and
- The exposure took place:
- in a public place, or
- on a private premises of another, or
- so near the private premises of another as to be seem from those private premises
- Defendant intended the exposure to be lewd or lascivious, vulgar, or indecent, and
- The exposure was lewd or lascivious, vulgar, or indecent.
1. Public Nudity. Public nudity does not equate with exposure for criminal purposes. A lewd or lascivious component must be proven in any exposure case.