Florida Laws: Unnatural Acts and Indecent Exposure

Unnatural and Lascivious Acts

• A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
• A mother's breastfeeding of her baby does not violate this section.

Exposure of Sexual Organs

• It is unlawful to expose or exhibit one's sexual organs in public or on private premises, in a vulgar or indecent manner, or to be naked in public except in designated areas.
• Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
• A mother's breastfeeding of her baby does not violate this section.

Lewd or Lascivious Offenses Committed on Minors

• "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.
• Consent is defined as intelligent, knowing, and voluntary consent, and does not include submission by coercion.
• Coercion means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

Lewd or Lascivious Battery

• Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age is lewd or lascivious battery.
• Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity is also lewd or lascivious battery.

Lewd or Lascivious Molestation

• Intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forcing or enticing a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

Lewd or Lascivious Conduct

• Intentionally touching a person under 16 years of age in a lewd or lascivious manner, or soliciting a person under 16 years of age to commit a lewd or lascivious act, commits lewd or lascivious conduct.

Lewd or Lascivious Exhibition

• Intentionally masturbating, exposing the genitals in a lewd or lascivious manner, or committing any other sexual act that does not involve actual physical or sexual contact with the victim, in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

Forfeiture of Retirement Benefits

• The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, defined in s. 800.04, are subject to forfeiture if the person is a public officer or employee when the offense occurs.

Lewd or Lascivious Exhibition in the Presence of an Employee

• A person detained in a facility who intentionally masturbates, exposes the genitals in a lewd or lascivious manner, or commits any other sexual act that does not involve actual physical or sexual contact with the victim, in the presence of an employee, commits lewd or lascivious exhibition in the presence of an employee, a felony of the third degree.