Miami, Florida Indecent Exposure Lawyer

Aggressive Attorney Defending Against Indecent Exposure or Lewd and Lascivious Exhibition Charges in Miami, FL

While sex crimes are often thought of as violent or forceful acts such as sexual assault, some offenses may not involve any contact with anyone else. While indecent exposure may be a less serious offense than some other sex crimes, these charges can have serious legal and personal consequences. A conviction can result in jail time, fines, and a criminal record, as well as the possibility of sex offender registration, which can affect employment opportunities and personal relationships. Because of the stigma attached to sex-related offenses, it is critical to work with an attorney to build a strong defense against these accusations.

At The Hoffman Firm, our Miami indecent exposure defense lawyer can help you determine the best strategies to defend against these charges. We will examine the facts of the case, challenge the prosecution's evidence, and determine the ideal steps to take to avoid a conviction. In some cases, these allegations may arise from misunderstandings, false accusations, or incidents where there was no intent to commit a crime. Our experienced attorney can work to protect your rights and reputation while minimizing the consequences that may affect you.

What Is Indecent Exposure Under Florida Law?

A person may be charged with the offense of "exposure of sexual organs" if they allegedly exposed their private parts in a public place or on someone else's private property. Being naked in public in a matter that is considered to be indecent or vulgar can lead to criminal charges.

Some examples of situations that may lead to indecent exposure charges include:

• Public nudity in a place where it is not permitted.
• Engaging in sexual activity in a public place.
• Flashing or exposing oneself for shock or amusement.
• Engaging in masturbation within view of others.

Accidental or unintentional nudity is usually not a criminal offense. To be charged with indecent exposure, a person must have intentionally exposed their sexual organs, and they must have done so in a manner that was intended to be lewd, vulgar, or indecent. Notably, a mother breastfeeding her baby is not considered to be indecent exposure.

Indecent exposure is a first-degree misdemeanor in Florida. If convicted, a person may face a sentence of up to one year in jail, and they could also be fined as much as $1,000. A second offense is a third-degree felony, and a conviction could lead to a maximum five-year prison sentence and a potential fine of $5,000.

Lewd or Lascivious Exhibition

In some cases, indecent exposure charges may be elevated to lewd or lascivious exhibition, which is a more serious felony offense. This charge applies when a person is accused of engaging in sexual conduct in the presence of a minor younger than 16 years old. Sexual conduct may include masturbation, actual or simulated sex acts, or exposing their genitals in a manner that is considered to be lewd or lascivious.

Because of the potential harm to children, this offense is treated more seriously than other forms of indecent exposure. A person over the age of 18 who is accused of this offense may be charged with a second-degree felony, and if convicted, they could be sentenced to as many as 15 years in prison. They may also face a maximum fine of $10,000. A person under the age of 18 who is accused of lewd or lascivious exhibition may be charged with a third-degree felony.

Defenses Against Indecent Exposure and Lewd Exhibition Charges

A strong legal defense is essential for anyone facing charges of indecent exposure. Our Miami indecent exposure defense lawyer can evaluate the circumstances of the case and determine the best defense strategy, which may include:

• Lack of Intent: If the exposure was accidental due to issues such as a wardrobe malfunction, a medical emergency, or a mistaken belief that no one else was present, it does not meet the legal definition of indecent exposure.
• False Accusations: Some people may be charged with indecent exposure or other sex crimes during personal disputes or because of misunderstandings. In these situations, our defense attorney can challenge the credibility of the accuser and address any conflicting testimonies from different parties.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the exposure was intentional and lewd. If there is no clear evidence, the charges may not hold up in court.
• Public vs. Private Setting: If the alleged exposure occurred in a place where the accused had a reasonable expectation of privacy, the charge may not apply.

Contact Our Miami Indecent Exposure Defense Attorney

If you have been accused of indecent exposure or lewd or lascivious exhibition, you need skilled legal representation to make sure your rights and reputation will be protected. A conviction can have lasting consequences, but a strong defense can help minimize penalties or ensure that the charges can be dropped. Contact The Hoffman Firm today at 305-249-0090 to set up your free and confidential consultation and explore your legal options.