Is Exposing Yourself to a Child a Felony in Florida? (2026)

A Florida prosecutor charging a lewd exhibition case has always had to answer one question first: did the child see or sense what happened? As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former Major Crimes Unit attorney who handled homicide, sex crime, and child abuse cases, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have tried cases where that question decided everything. On October 1, 2026, the Legislature took that question away for a new category of cases, and our attorneys are already adjusting how we defend them.

This guide covers what the new law prohibits, the 1992 Florida Supreme Court decision behind it, how the bill changed in committee, what it means for plea negotiations and registration, and how these charges are defended.

What Does Florida’s New Section 800.035 Prohibit?

Section 800.035, Florida Statutes, creates the crime of “indecent exposure of sexual organs while observing a child.” A person commits it if, while observing a child under 16 for the purpose of his or her own sexual arousal or gratification, the person does either of two things:

• Intentionally exposes his or her sexual organs in a lewd or lascivious manner; or
• Intentionally performs any sexual act that does not involve physical or sexual contact with the child, including masturbation, sadomasochistic abuse, sexual bestiality, or simulated sexual activity.

The statute defines “observing” as “intentionally viewing another person under circumstances in which the offender is reasonably capable of being seen by the person being viewed.” It then adds the key sentence: it is not a defense that the child “was not aware of any specific conduct on the part of the offender or did not see the offender’s sexual organs.”

The offense is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Two exceptions apply: a mother breastfeeding her baby, and a person who is merely nude in a place set apart for nudity. The law was passed as CS/CS/HB 1525, signed on June 16, 2026, and published as chapter 2026-159, Laws of Florida.

Why Did Florida Create This Law?

Florida created section 800.035 to reach conduct that the existing lewd exhibition statute could not. Lewd or lascivious exhibition under section 800.04(7) requires the act to happen “in the presence of” a child under 16. The Florida Supreme Court has read that phrase to require proof that the child actually perceived the act.

That rule comes from State v. Werner, 609 So. 2d 585 (Fla. 1992). Martin Werner of Broward County took his 13-month-old daughter into a locked bathroom for half an hour and later told his wife he had been masturbating while caring for the child. A jury convicted him, but the appeals court reversed because the State had not proved the baby was aware of the act. The Supreme Court agreed, holding that “the child must see or sense that a lewd or lascivious act is taking place for a violation to occur,” even if the child cannot understand or describe it.

For more than 30 years, Werner gave the defense a factual question to fight in every exhibition case: was the child asleep, facing away, or too far away to notice? Supporters of HB 1525 targeted exactly that. Representative Doug Bankson, the House sponsor, told CBS12 that the bill was partly prompted by an incident in his district and that the conduct can “scar a child for life.” Former Palm Beach County State Attorney Dave Aronberg told the station the conduct can escalate if it goes unpunished.

The new crime does not overrule Werner for section 800.04(7). A prosecutor charging the more serious second-degree felony still has to prove the child perceived the act. Section 800.035 is a separate, lower-level crime built for the cases Werner screened out.

How Did HB 1525 Change in the Legislature?

The bill changed shape twice before it passed, and it passed without a single “no” vote. Representative Doug Bankson sponsored the House bill with Representative Yarkosky. The Senate companion, SB 1742, was sponsored by Senator Jonathan Martin.

The first Senate committee substitute created a felony for lewd acts “while viewing” a child and repealed section 800.02. The second Senate substitute renamed the crime “indecent exposure of sexual organs while observing a child,” replaced “viewing” with the narrower defined term “observing,” and added the sentence that a child’s lack of awareness is no defense. The House Judiciary Committee adopted the same name and repealed section 800.02 in its version.

Vote tallies come from the official bill history and the Senate and House staff analyses. The Criminal Justice Impact Conference, the Legislature’s prison forecasting group, estimated a “positive indeterminate” effect on prison beds, meaning more prison admissions in a number it could not predict.

How Common Are These Charges in Florida?

Lewd exhibition charges are a small but steady part of Florida’s sex crime caseload. According to the Senate Fiscal Policy Committee’s analysis of SB 1742, which relied on Florida Department of Law Enforcement and Department of Corrections data compiled by the Office of Economic and Demographic Research, Florida recorded these numbers in fiscal year 2024-25:

The same analysis reports 34 new prison commitments for lewd exhibition offenses in that year, and a 9.7% incarceration rate for a Level 1 third-degree felony, the level the new crime is expected to score at. In plain terms, most people convicted of a Level 1 felony in Florida are not sent to state prison, but a felony conviction on a sex offense still follows them for life.

Does the New Crime Require Sex Offender Registration?

No. Section 800.035 is not on the list of registrable offenses in section 943.0435, Florida’s sexual offender registration statute. Section 800.04 is on that list, so a conviction for lewd or lascivious exhibition under section 800.04(7) requires lifetime registration, while a conviction under section 800.035 does not.

The new offense is also not on the list of crimes that trigger the mandatory sex offender probation conditions in section 948.30, such as curfews, residence restrictions, and no unsupervised contact with minors. A judge can still impose special conditions that relate to the offense, but they are not automatic.

In our view, that gap makes section 800.035 a significant new plea option. Before October 1, 2026, a defendant facing a lewd exhibition charge often had to choose between trial and a plea that carried registration. Now there is a felony that addresses the same conduct without registration. Whether prosecutors at the Hillsborough County State Attorney’s Office will offer it in a given case depends on the facts, but our attorneys will ask for it whenever the evidence of the child’s awareness is weak.

What Happened to Section 800.02?

HB 1525 repealed section 800.02, Florida’s “unnatural and lascivious act” law, effective October 1, 2026. That statute made it a second-degree misdemeanor, punishable by up to 60 days in jail, to commit an unnatural and lascivious act with another person. Florida courts treated it as a lesser included offense of lewd or lascivious charges under section 800.04, which meant a jury could return it as a compromise verdict.

In our experience, prosecutors almost never filed section 800.02 as a charge. Its real value was at trial. Because it was a lesser included offense with a name that sounds nearly as bad as lewd or lascivious, a jury looking for a compromise could choose it without knowing it was a non-sex misdemeanor with no registration requirement. For defense attorneys trying certain lewd or lascivious cases, it was a hidden gem, and its repeal takes that compromise verdict off the table for conduct on or after October 1, 2026.

The repeal removes that misdemeanor option for conduct on or after October 1, 2026. The Legislature’s fiscal analysts predicted the change could push more cases toward the more serious lewd or lascivious offenses. Charges for conduct before October 1, 2026 are not wiped out, because Article X, section 9 of the Florida Constitution provides that repealing a criminal statute does not affect prosecution or punishment for a crime already committed.

How Do You Fight an Indecent Exposure While Observing a Child Charge?

The State must prove intent, purpose, observation, and age beyond a reasonable doubt, and each element gives the defense room to work. Our Tampa sex crimes lawyer team focuses on these issues:

1. Purpose of sexual gratification. The State must prove the person was observing the child “for the purpose of his or her own sexual arousal or gratification.” Changing clothes, urinating, or being nude at home is not this crime without that purpose. Purpose is usually proved with circumstantial evidence, and circumstantial evidence can be challenged.
2. Observation. The person must have intentionally viewed the child under circumstances where the person was “reasonably capable of being seen” by the child. Distance, lighting, window tint, blinds, and sight lines matter. Our attorneys visit and photograph the scene.
3. Lewd or lascivious exposure. Nudity alone is not enough. The statute requires intentional exposure “in a lewd or lascivious manner,” and the State must prove both the intent and the lewd character of the exposure.
4. Age of the child. The child must be under 16. That element requires proof, usually through records or testimony.
5. Identity. Many of these cases begin with a neighbor’s report or a home security camera. Video quality, time stamps, and the reliability of an identification are all open to challenge.
6. Date of the conduct. Section 800.035 applies only to conduct on or after October 1, 2026. Earlier conduct must be charged under the laws in effect at the time.

These cases often start with an investigation before any arrest. If a detective has called you or a neighbor has made an accusation, representation before charges are filed gives our attorneys a chance to present context to the State Attorney’s Office before a filing decision.

Does Exposure Lead to Hands-On Offending?

Supporters of the law argued that non-contact offending can escalate, and research gives that argument partial support. In a long-term study published in the Journal of the American Academy of Psychiatry and the Law in 2006, Philip Firestone and colleagues followed 208 men assessed for exhibitionism at an Ottawa clinic for an average of 13 years. During follow-up, 23.6% were charged with or convicted of a new sexual offense, and 19 of the 49 men who reoffended sexually committed a hands-on offense.

The same study found that most men in the sample were not charged with a new sexual offense, and the strongest predictors of reoffending were measurable risk factors. That is why a professional psychosexual evaluation is often central to mitigation in these cases. Our attorneys at The Brancato Law Firm use qualified evaluators to give prosecutors and judges an individual risk picture rather than a general assumption.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is it a crime in Florida if the child never saw anything?

Yes, under section 800.035, as long as the State proves the other elements, including that the person was observing the child for sexual gratification and could reasonably have been seen. The Brancato Law Firm focuses on the observation and purpose elements in these cases, because the child’s awareness is no longer a defense to this charge.

Do I have to register as a sex offender for a section 800.035 conviction?

No. Section 800.035 is not listed in section 943.0435, so a conviction does not trigger sexual offender registration, though other consequences of a felony conviction still apply. Our attorneys at The Brancato Law Firm explain the full collateral picture before any plea, and our guide to sex offender registration in Florida covers which offenses do require it.

Can a lewd exhibition charge be reduced to the new offense?

It can, if the prosecutor agrees and the facts support it, because section 800.035 covers similar conduct at a lower degree and without registration. The Brancato Law Firm raises that option in negotiations when the evidence that the child perceived the act is weak, as described in our guide on how to fight a lewd and lascivious charge.

Is being naked in my own home illegal under the new law?

No, not by itself. The State must prove intentional lewd exposure or a sexual act while observing a child for sexual gratification, under circumstances where the child could reasonably see you. Our attorneys at The Brancato Law Firm look closely at cases built on a single moment seen through a window, because context is often the whole defense.

What is the penalty for indecent exposure in front of an adult in Florida?

Exposure of sexual organs under section 800.03 is a first-degree misdemeanor for a first offense, punishable by up to one year in jail, and a third-degree felony for a second or later offense. The Brancato Law Firm defends exposure charges in Hillsborough, Pinellas, and Pasco Counties, and our sex crimes defense attorneys review whether the conduct was actually lewd.

What happens to pending section 800.02 cases?

They continue. The Florida Constitution provides that repealing a criminal statute does not affect prosecution for crimes already committed, so conduct before October 1, 2026 is still governed by the law in effect at the time. In a lewd or lascivious trial for conduct before that date, our attorneys at The Brancato Law Firm will ask for the section 800.02 lesser included instruction, because it gives the jury a non-sex misdemeanor option.

Talk to a Tampa Sex Crimes Defense Lawyer Today

For more about our defense strategies, visit our Sex Crimes practice page.

What you say to a detective in the first days of an exposure investigation can become the State’s proof of purpose. Before you answer questions, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the allegation, the scene, and any video, and we will advise you on whether to speak at all. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.