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Indecent Exposure Charges in Florida: Public Lewdness Laws, Penalties and Defense
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Indecent Exposure Charges in Florida: Public Lewdness Laws, Penalties and Defense
Indecent exposure refers to intentionally exposing one’s genitals in public in a vulgar or indecent manner. It’s a crime in Florida that can lead to criminal charges, fines, and even jail time. But not all instances of nudity or exposure are illegal – context and intent matter.This article will cover Florida’s indecent exposure and lewdness laws, penalties for conviction, and possible defenses to fight the charges.
What is Indecent Exposure Under Florida Law?
Florida statute 800.03 defines indecent exposure as:
“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.”
So indecent exposure involves:
- Exposing genitals or being naked
- In public or where others can see
- In a vulgar, indecent, or sexual manner
Simply being naked or visible is not enough for conviction. The exposure must be done intentionally and lewdly.For example, these could lead to indecent exposure charges:
- Flashing or streaking
- Public urination
- Having sex in a car or public place
- Being visibly naked in your home if others can see
Whereas these likely would not:
- Inadvertent wardrobe malfunctions
- Nude sunbathing in designated areas
- Breastfeeding
- Using the bathroom with the door open at home
Penalties for Indecent Exposure in Florida
Indecent exposure is generally a first-degree misdemeanor in Florida. Penalties can include:
- Up to 1 year in jail
- Up to 1 year probation
- Fines up to $1,000
- Permanent criminal record
Harsher penalties apply if the indecent exposure occurs in the presence of a minor under 16. This elevates it to a lewd and lascivious exhibition charge, which is a felony.Penalties for lewd exhibition with a minor include:
- Up to 15 years in prison
- Fines up to $10,000
- Mandatory sex offender registration
Defenses Against Indecent Exposure Charges
There are several legal defenses that could get indecent exposure charges reduced or dismissed in Florida:
Lack of Intent
- If exposure was unintentional or accidental – e.g. a wardrobe malfunction
No Lewd Intent
- Simply being nude is not enough – the exposure must be vulgar and sexual in nature
Reasonable Expectation of Privacy
- Exposure occurred in a place where you reasonably expected privacy, even if others could see
Misidentification
- You were mistakenly identified as the person exposing themselves
False Accusations
- The alleged victim is lying or exaggerating the events
Mental State
- You suffer from a mental illness or condition that caused the behavior
A skilled criminal defense lawyer can evaluate the facts of your case and build an effective defense to fight the charges. Don’t hesitate to consult an attorney if you are facing accusations.
Recent Changes to Florida Indecent Exposure Laws
In 2020, Florida passed new laws (HB 675) that expand police authority to make arrests for indecent exposure.Previously, officers needed a warrant first. Now they can make warrantless arrests if they have probable cause.The law also increased penalties for repeat offenses, making a second indecent exposure charge a third-degree felony.These changes make it easier to charge and prosecute indecent exposure crimes in Florida. Having an attorney is critical.
Conclusion
Indecent exposure allegations can carry severe penalties that impact your future. But not all nudity or exposure rises to the level of a crime.An experienced criminal defense lawyer can review the evidence and build a strong defense to get your charges reduced or dismissed. Don’t hesitate to call an attorney if you are under investigation or arrested.The costs of a conviction simply outweigh the risks of fighting back. With an attorney on your side, you can move past the charges and get on with your life.
References
https://www.flsenate.gov/Laws/Statutes/2011/800.03
https://www.flsenate.gov/Session/Bill/2020/675
https://www.husseinandwebber.com/crimes/public-order-obstruction/exposure-of-sexual-organs/
https://www.robertmalovelaw.com/blog/indecent-exposure-laws-and-potential-penalties-in-florida.cfm