The act of exposing your sexual organs in public may seem trivial. However, it is a serious offense in Florida. Between 2018 and 2019, 720 people were arrested for this crime. Under Florida Statute 800.03, exposure of sexual organs or indecent exposure is defined as the intentional and lewd exhibition of your genitals in a public place or someone else’s premises. The penalty for someone convicted of this crime can include jail time and a permanent criminal record. If you have been accused of indecent exposure in Tampa, it is important that you seek legal advice as soon as possible to limit the effect this conviction could have on you and your family’s life and future prospects.
Here at The Law Place, we know how to handle difficult cases such as these, and with lots of relevant experience, we can give you your best chance at reducing or even dismissing the charges against you. Contact us for a free case consultation.
Our phone lines are open 24 hours a day, 7 days a week. Call us today at (941) 444-4444.
How Florida Law Defines Indecent Exposure of Sexual Organs
It is illegal to expose your sexual organs in public or on someone else’s private property, according to Florida Statute 800.03. This includes showing your sexual organs in a vulgar or lewd manner close enough to someone’s private property that they can be seen. You may only be naked in public in places specifically set apart for that purpose, such as a changing room or shower at a public swimming pool. A notable exception is breastfeeding, as mothers are allowed to expose their breasts in public for this purpose.
In a case where someone is accused of exposing their sexual organs, the prosecutor must establish that the exposure was conducted in a way that was lewd, lascivious, vulgar, or indecent. These terms essentially mean that the same thing: that the act was performed with an intent that was lustful, sensual, licentious, or wicked. An act can only be considered lewd or lascivious if it caused offense to another person or significantly affected another person’s rights.
Establishing Guilt in an Indecent Exposure Case
To convict someone of exposure of sexual organs in a criminal trial, the prosecution must be able to prove the following elements beyond a reasonable doubt:
- The defendant exposed or exhibited their sexual organs.
- The exposure took place in a public place, or on someone else’s private property, or close enough to the private premises that they could be easily seen.
- The defendant had the clear intention of exposing or exhibiting their sexual organs in a vulgar, lewd, indecent, or lascivious manner.
- The exposure, exhibition, or nakedness was lewd, vulgar, or indecent.
To prove all of these elements beyond reasonable doubt can be difficult, even for an experienced prosecutor. With the right defense strategy, built by one of our criminal defense lawyers, you have a chance at giving rise to doubt on one or more of these elements and getting your case dismissed. Contact us today for free legal advice from one of our attorneys.
When Indecent Exposure Is Considered a Sex Crime in Florida
Here are some examples of what could be considered to be indecent exposure in Tampa, Florida:
- Intentionally exposing your sexual organs in a vulgar or indecent manner.
- Intentionally masturbating in public.
- Intentionally performing or simulating any sexual act where there is no physical contact with the alleged victim, such as sadomasochistic abuse and sexual bestiality.
For a person to be convicted, mere nudity is not enough. If a person is, for example, naked at the beach, this alone is not enough to convict someone of indecent exposure as there is a lack of lewd intention. For free advice about your case, contact us today so that we can explain what charges you may face.
The Penalties or Indecent exposure of Sexual Organs in Florida
The crime of exposure of sexual organs in Tampa and the rest of Florida is usually charged as a first-degree misdemeanor. The penalties for those convicted can include one year in jail, one year of probation, and a fine of up to $1,000. A longer-lasting effect of this type of conviction is the permanent stigma attached to being accused of vulgar or indecent behavior. You may find that a sex crime conviction on your permanent record affects your job prospects, your access to housing, your ability to attend college or graduate school, or your access to professional licensing. Having a sex crime conviction can even mean that certain types of work are permanently off-limits to you, such as working with young or vulnerable people.
The severity of the penalty depends on other factors, too. For example, if you are a habitual offender or you already have a criminal record, then the penalties could be worse. This crime can then be considered a third-degree felony, which is punishable by up to 5 years in prison and a fine of up to $5,000 if the alleged victim is under the age of 16. If the alleged victim of indecent exposure is a current employee of the alleged offender, this would also be considered a third-degree felony offense, with the same potential penalties.
Whatever the details of your case, it is in your best interest to contact a criminal defense lawyer as soon as possible to give yourself the best chance of avoiding a criminal conviction and associated charges. Contact our team today for specialized and personalized advice.
Possible Defenses to Indecent Exposure in Tampa
If you have been accused of exposing your sexual organs in Tampa, it is recommended that you contact a criminal defense lawyer to help build a defense according to the circumstances of your case. There are many defenses available to contest a charge of indecent exposure in Florida. Some of the most common are:
- That the exposure was unintentional.
- That the defendant was breastfeeding.
- That the defendant was unaware of the presence of others or unaware of their visibility to others.
- That the act occurred on private property, and so there were no witnesses to the act.
Remember, nudity alone is not enough to hold a conviction. Cases where there was no sexually-oriented intent, such as appearing nude at the beach or covering part of one’s breasts with a cardboard sign at a protest, are examples of cases that are insufficient to sustain a conviction of indecent exposure.
Breastfeeding is another example in which this alone is not enough to sustain a conviction. Under Florida Statute 383.015, breastfeeding is a protected act. Therefore, a mother may breastfeed in any location where she is authorized to be, public or private, even if her nipple is uncovered during the act.
Our firm has a great deal of experience with cases such as these and can help give you a good chance at reducing the charges against you and reducing the impact that this sort of conviction could have on you and your family.
For free advice about your case and to find out more about how we can help you build a case to fight charges against you, call one of our criminal defense attorneys today.
The Law Place
A conviction for the crime of indecent or vulgar exposure can have a serious and long-lasting impact on your life that extends past the fines and possible jail time. If convicted of a sex crime, this will remain on your permanent criminal record and could reduce your ability to access housing and certain employment in the future. This type of conviction also comes with a serious stigma that could further affect you and your family in many ways. This is why it’s so important to have the right legal representation.
Contact The Law Place today to speak to an experienced criminal defense lawyer about the specifics of your case and to see how we could help you to build a strong defense case. After a free telephone consultation, we hope you will decide to work with us throughout the process. We will then immediately get to work on your case, with over 75 years of combined legal experience on our side, to fight your corner and give you your best chance at achieving a positive outcome for your case.
Our phone lines are open 24 hours a day, 7 days a week. Call us today at (941) 444-4444.
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