Although the act of exposing one's sexual parts may seem trivial in the larger scheme of things, indecent exposure is a crime in Florida. It can result in a significant punishment, so it is important to secure legal advice and representation. If you are charged with exposure of sexual organs, Tampa sex crime lawyer Will Hanlon may be able to help you fight the charges. He understands the many kinds of sex crime charges and the strategies with which to fight them. He can evaluate all of the facts and circumstances surrounding an accusation to determine how to handle it.
Exposure of Sexual OrgansUnder Florida Statute section 800.03, it is illegal to expose or show your sexual organs either in public or on someone else's private property. This crime can also be charged if you expose your sexual organs in a vulgar or indecent manner so close to the private property of someone else that they can be seen. You are not allowed to be naked in public except in any place that is set apart specifically for the purpose of exposure. An exception is for a mother who is breastfeeding her baby.
This crime, like others, must be proven beyond a reasonable doubt. The prosecutor must show that you exposed yourself or showed your sexual organs in a public spot or someone else's private property, you intended the exposure or exhibition to be performed in a lewd, lascivious, indecent, or vulgar way, and it actually was done in a lewd, lascivious, indecent, or vulgar way.
Generally, "lewd," "lascivious," "indecent," and "vulgar" all describe the same state of mind — they describe acts performed lustfully, unchastely, with sensual intent, licentiously, or wickedly. Sometimes this is the weakest part of a prosecutor's case. An act is not lewd, lascivious, vulgar, or indecent unless it causes offense to somebody or substantially affects other people's rights. Mere nudity is not enough. There needs to be sexual intent. For example, if you accidentally changed your shirt in front of an open window that faced someone else's open window, you probably would not be found to have the requisite intent to be convicted of this crime. Similarly, if you urinated in public, this would not be the right charge.
Exposure of sexual organs is a first-degree misdemeanor that can result in up to one year in jail, one year of probation, and up to $1,000 in fines. Sometimes this type of conviction results in a permanent stigma, and it can affect a defendant’s ability to get a job, housing, or professional licensing, or go to college or graduate school. However, there are defenses that may be raised. These include a prosecutor's failure to show the requisite intent. In other cases, a prosecutor may not have a witness who was offended in an exposure case that involves an act on private property.
Sometimes an exposure was not intended to be viewed by others. For example, if you were charged with sunbathing nude in a part of the beach that you believed had no people, you might be able to raise the defense that you had no intent. In other cases, the offense did not happen in a place where it can be prosecuted.
This is a type of charge that may be negotiated down. Sometimes, a more serious sex crime may be negotiated down to a misdemeanor indecent exposure charge based on insufficient evidence of the elements necessary to prove a felony, such as lewd and lascivious molestation.
Consult a Tampa Attorney When Facing a Sex Crime ChargeIf you are accused of exposure of sexual organs, you must contact an attorney immediately. You should not wait until you are formally charged to retain a lawyer, nor should you attempt to negotiate with the prosecutor yourself. Although it is a misdemeanor, indecent exposure can be an embarrassing item to have on your criminal record, and there may be strong defenses available. Our founder, Tampa lawyer Will Hanlon, has provided a strong, aggressive defense to people accused of crimes since 1994. He strives to provide responsive and personalized representation. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment. We also assist people who need a child pornography lawyer or representation against other sex crime charges.