(1) A person commits the offense of indecent exposure of sexual organs while observing a child if that person, while observing a child under 16 years of age for the purpose of his or her own sexual arousal or gratification:(a) Intentionally exposes his or her sexual organs in a lewd or lascivious manner; or
(b) Intentionally performs any sexual act that does not involve actual physical or sexual contact with the child, including, but not limited to, sadomasochistic abuse, sexual bestiality, masturbation, or the simulation of any act involving sexual activity.
(2) For the purposes of this section, the term “observing” means intentionally viewing another person under circumstances in which the offender is reasonably capable of being seen by the person being viewed.
(3) A person who commits indecent exposure of sexual organs while observing a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) It is not a defense under this section that the person being observed was not aware of any specific conduct on the part of the offender or did not see the offender’s sexual organs.
(5) A person does not commit the offense of indecent exposure of sexual organs while observing a child if the person is either of the following:(a) A mother who is breastfeeding her baby.
(b) An individual who is merely nude in a place provided or set apart for that purpose.
