The state of Florida prohibits an individual from displaying or exposing their sexual organs in public. This does not necessary mean that the person has to be in a public place to be charged with indecent exposure. If an individual is in their own home, but displaying their sexual organs in public view, they can still be charged with this sex crime. The prosecutor will need to prove all of the following in order to convict the defendant of indecent exposure:
The intent of the defendant has to be lewd or indecent. A person that undresses or exposes a body part without the intention of doing so will most likely not be charged with indecent exposure. Wardrobe malfunctions do happen on occasion and that is different than intentionally displaying body parts. Facing indecent exposure charges can put you at risk of severe penalties, team up with a West Palm Beach sex crime lawyer from the Law Offices of Richard Tendler for help.
According to Florida Statutes Section 800.03, this type of sex crime in the state of Florida is charged as a first degree misdemeanor. Chapter 800 deals with lewdness and indecent exposure crimes, section 3 focuses on the exposure of sexual organs. The statute states that it is:
"Unlawful to expose or exhibit one's 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 to be naked in public except in any place provided or set apart for that purpose."
This offense is punishable by a prison sentence of up to one year along with a fine of up to $1,000. The defendant can also be required to register as a sex offender depending on the circumstances in the case.
Indecent exposure offenses can be aggravated if someone over the age of 18 exposes genitals in a lewd manner or masturbates in front of an individual under the age of 16. This offense can be done in public or over the internet, and has the potential to lead to a second degree felony. Second degree felonies are punishable by up to 15 years in prison and a fine of up to $10,000. If this offense is committed by a person under the age of 18, it can be a third degree felony punishable by up to five years in prison and a fine of up to $5,000.
If you have been charged with a sex crime, it is essential to seek aggressive legal representation to defend you. The prosecutor has the burden of proof to show that you are guilty beyond a reasonable doubt. This is a difficult task and with a skilled sex crime attorney you may be able to cast doubt and show that there is insufficient evidence to convict. This can be done by cross-examining witnesses, challenging evidence and the credibility of the prosecutor's arguments. Some of the defenses that can be made to indecent exposure charges include:
Sex crimes in Florida are not tolerated. For help in your indecent exposure case, you need a West Palm Beach attorney by your side. Start today by calling our firm or filling out an online case evaluation form and see how we can help!