What is Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility in Florida?

The crime of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility is a Third Degree Felony that is punishable by 5 years in prison and a $5,000 fine.

This crime occurs when:

1. The person was detained in a Facility
2. The person intentionally masturbated, exposed his/her genitals in a lewd/lascivious manner, or committed a sexual act without touching the victim involving sadomasochistic abuse, sexual bestiality, or stimulation of any act involving sexual activity.
3.  The person intentionally committed the act in the presence of facility employee, or the person intentionally committed the act in presence of a person he should have known to be a facility employee.

“Facility” means state correctional institution, private correctional facility, or county detention facility.

“Employee” means any person employed by or performing contractual services for a public or private entity operating a state correctional institution or a private correctional facility, or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs.

The words “lewd” and “lascivious” mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

“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; however, sexual activity does not include an act done for a bona fide medical purpose.

“Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself.

“Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.

Some of the defenses to Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility are:

• Person did not act intentionally.
• Person did not act in lewd or lascivious manner. 
• Person was not an employee.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.