1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another's private property or so close to another's private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words "indecent, vulgar, lewd or lascivious" are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.
Defenses or Exceptions to Florida Law
There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a "Peeping Tom" would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.
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