In the sunshine state of Florida, locals and tourists alike flock to the beach and warm outdoors to catch some sun and relax. Especially during summer and Spring Break, you may even see people with little to no clothing. While this is expected in a warm climate, at what point are you breaking the law?
Exposure of sexual organs is a criminal offense where a person displays their genitals or naked body in front of others in an indecent manner. While some may only think of this as the crime of streaking, it goes beyond that act. A person can be arrested for streaking, flashing another person, or for public masturbation.
Although it may seem like a less serious offense than other sex crimes, a conviction still carries steep fines and the possibility of imprisonment. However, not every instance of nudity is illegal in Florida, as the law specifies that the defendant must have exposed themselves in a lascivious manner.
A South Florida defense attorney experienced in indecent exposure cases can help protect your rights and fight the charges against you.
South Florida Criminal Defense
Have you recently been arrested and charged with a sex crime in Florida? If so, it is important that you have a full understanding of the charges against you and how to move forward. An experienced South Florida defense attorney with Ian Goldstein Law can review your case details during a free consultation when you call (561) 600-0950.
What is Indecent Exposure?
The exposure of sexual organs, often referred to as indecent exposure, is the criminal act of revealing one’s genitals or “private parts” in public or in private in a manner that will likely offend others.
Common examples of indecent exposure in Florida include:
- Public nudity – A person who deliberately exposes their buttocks or female breasts in a public place may be charged with indecent exposure.
- Lewd conduct – A person who engages in inappropriate or sexually suggestive behavior in public, such as public masturbation, may be charged with indecent exposure.
- Exposing genitals – A person who intentionally flashes or exposes their genitals in an offensive manner may be charged with indecent exposure.
Exposure of Sexual Organs Statute
Florida Statute Section 800.03 states that an individual commits exposure of sexual organs by:
- Exposing or exhibiting their sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner; or
- Being naked in public in a vulgar or indecent manner.
Important: The crime of exposure of sexual organs requires the intent of exposing oneself in a vulgar or obscene manner. Although the alleged motive can vary for each defendant, indecent exposure is commonly committed for sexual arousal or gratification.
The Florida Bar Criminal Jury Instructions sheet for unlawful exposure of sexual organs defines the terms vulgar, indecent, lewd, and lascivious in reference to that offense as “a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act.”
According to the Florida Bar Criminal Jury Instructions, the State must prove the following elements beyond a reasonable doubt to convict a person of exposure of sexual organs:
- The defendant exposed or exhibited their sexual organs;
- The defendant did so in public, on the private premises of another, or close enough to the private premises of another to be seen from those private premises;
- The defendant intended to expose their sexual organs in a vulgar, indecent, lewd, or lascivious manner; and
- The exposure of the defendant’s sexual organs was committed in a vulgar, indecent, lewd, or lascivious manner.
Public vs Private Location
The location of alleged indecent exposure plays a significant role in securing a conviction. That is because Florida law establishes that an accidental clothing slip or a “wardrobe malfunction” is not sufficient to qualify as an exposure of sexual organs offense. The State must be able to establish the defendant’s unlawful intent, the act of exposure, and the location of the illegal act.
An individual who exposes themselves in a lewd manner in a public place or in the private residence of another person can face an exposure of sexual organs charge. In some cases, an individual may face a criminal charge for displaying their sexual organs in their own home—for instance, if the defendant allegedly exposed themselves in front of a window with the intent to be viewed by others.
Penalties for Exposure of Sexual Organs in Florida
According to Florida Statute Section 800.03, a defendant charged with the exposure of sexual organs faces a first-degree misdemeanor. If convicted, a first-degree misdemeanor carries:
- Up to $1,000 in fines; and
- Up to one year of imprisonment.
A defendant charged with a second or subsequent violation of the exposure of sexual organs faces a third-degree felony. If convicted, a third-degree felony carries:
- Up to $5,000 in fines; and
- Up to five years of imprisonment.
Important: The penalties listed above apply if the defendant and alleged victim were 18 years old or older. A defendant who exposes their sexual organs to a minor under the age of 16 can face more severe penalties and consequences, including mandatory registration as a sexual offender.
Defenses to Indecent Exposure Charge
If you have been charged with the crime of indecent exposure, it’s important that you understand the defense strategies applicable to your case. The best way to determine which defense is most effective for your case is by hiring an experienced defense attorney with Ian Goldstein Law. We can provide you with a free consultation and go over some of the following defenses to this charge:
- The defendant was nude in a public place designated for such activity, such as on a nude beach;
- The defendant was a mother breastfeeding her baby in public;
- The defendant merely had a wardrobe malfunction; or
- The defendant lacked any lascivious, lewd, or vulgar intent, such as in a case of public urination.
Have any questions regarding defense strategies for your criminal case? Call our office today at (561) 600-0950 for a free consultation.
Contact a South Florida Indecent Exposure Defense Attorney
It is an understandably stressful experience to be accused of indecent exposure, especially with the implication of lewd intent. Attempting to navigate the legal landscape can be difficult on your own, especially in cases that have an underlying sexual intent. To ensure that your case has the best possible outcome, consider working with a Palm Beach defense lawyer. By hiring an attorney, you’ll have a legal professional on your side to investigate and poke holes in the State’s case while fighting to make sure your rights are protected.
The attorneys with Ian Goldstein Law want you to focus on getting your life back on track while we take care of the legal work. Our goal is to have your charges lessened or dismissed altogether. If you’re ready to face your case head-on, call our office at (561) 600-0950 to receive a free consultation today.