Misdemeanor or Felony? The Difference Between “Exposing” Yourself and “Exhibiting” Yourself

By: John Guidry

The question for today is: What is the difference between exposing your private parts, and exposing them in a lewd way?

• The Stakes: The circumstances under which you show your private parts will determine if the case is a Misdemeanor (max 1 year jail) or a Felony (max 15 years prison + Sex Offender Registration).

This is the sort of problem exhibitionists run into when they get caught. It seems to me they should simply camp out at clothing-optional resorts like Paradise Lakes, but somehow, they never figure this out.

Did a momentary lapse in judgment result in a felony sex charge?

You need a strategy, not just a defense. Call John today at (407) 423-1117.

The War Story: How to Dodge a Felony

Warning: I’m about to tell a war story. The longer I practice, the more these stories uncontrollably shoot out of my mouth.

I had a client years ago who had already been to prison for masturbating in front of minors. Sometime after his release, he was caught exposing himself to high school cheerleaders.

• The Danger: The prosecutor wanted to charge him with Lewd and Lascivious Exhibition (Felony) because some victims were under 16.
• The Strategy: He was arrested on the lesser charges first (Misdemeanors). At the very first court date (Arraignment), we pled guilty to everything as charged.
• The Result: The prosecutor objected because he wanted time to file the Felony charges. But since he hadn’t dropped the misdemeanors yet, the Judge accepted our plea. My client took the misdemeanor sentence (months in jail) and blocked the felony entirely (saving him years in prison).

The Lesson: It is a lot harder to undo felony charges on the back end than it is to block them on the front end. Speed matters.

The Case: Usry v. State (The “Obnoxious” Defense)

The case of Usry v. State, 118 So. 3d 988 (Fla. 1st DCA 2013), shows what happens when you don’t block the felony.

• The Facts: Usry exposed his genitals to a 13-year-old girl multiple times. The girl’s mother warned him to stop, but he kept doing it.
• The Act: He didn’t just expose it; he “waved it” and moved his hands back and forth.
• The Charge: Lewd or Lascivious Exhibition (2nd Degree Felony).

The Defense Argument: Usry’s attorney argued that this was just Misdemeanor Exposure (Fla. Stat. 800.03) because:

1. He didn’t technically masturbate (no climax).
2. His intent was “obnoxious,” not sexual.

The Ruling: The Court upheld the Felony conviction.

• The Law: Fla. Stat. 800.04(7) prohibits exposing genitals in a “lewd or lascivious manner” in the presence of a child under 16.
• The Logic: Even if he wasn’t fully masturbating, waving it around in front of a child is “lewd.” The Legislature decided that doing this in front of a child deserves a harsher penalty than doing it in front of an adult.

The Stupid Tax

Lesson for today: Listen to the Mom. Usry had a chance to stop. The victim’s mother confronted him. He ignored her. I don’t want to make light of how serious these exposures are to young people, but clearly, this conviction was a “Stupid Tax.” If a parent tells you to stop, and you don’t, you almost deserve the conviction.

John’s 2026 Update: Cyberflashing & Ring Cameras

Note: In 2013, Usry was caught by eyewitness testimony. In 2026, you are caught by 4K video and digital logs.

1. Cyberflashing (The “Digital Flasher”) In 2026, you don’t have to be physically present to commit this crime.

• The Crime: Florida statutes now specifically target “Cyberflashing”—sending unsolicited lewd images via AirDrop, Bluetooth, or social media to strangers nearby.
• The Felony Upgrade: If you Cyberflash a device belonging to a minor (even if you didn’t know they were a minor), prosecutors charge it as Electronic Transmission of Harmful Material to a Minor, which carries felony penalties similar to physical exhibition.

2. The “Ring” Witness (No More “He Said/She Said”) In Usry, the defense argued about what the girl saw.

• The 2026 Reality: Almost every home has a Video Doorbell. If you expose yourself near a house, it is recorded in High Definition.
• The Defense: We can no longer argue “It didn’t happen.” We must focus on Intent. We argue: “He was urinating, not exhibiting. It was a bodily function, not a lewd act.”

3. The Sex Offender Registry (SOR) The biggest difference between the Misdemeanor and the Felony isn’t jail time—it’s the Registry.

• The Consequence: A plea to Lewd and Lascivious Exhibition guarantees you will be a registered Sex Offender for life (or at least 25 years). A carefully negotiated plea to Misdemeanor Exposure often avoids this life-ruining label.

Don’t Wait for the Felony

If you have been accused of exposure, the clock is ticking. The prosecutor is looking for a reason to upgrade your charge to a felony. We need to act fast to keep this a misdemeanor.

Call me at (407) 423-1117. Let’s block the felony.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.