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Indecent Exposure Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Indecent Exposure Lawyer

Decades of Experience also Serving Fort Lauderdale

A person who exposes his or her sexual organs in public or on the private premises of another in Florida can be charged with the crime of indecent exposure. While this is generally a misdemeanor offense, offenses that are committed in the presence of certain people can lead to felony sex crime charges. While these may seem like harmless pranks, a conviction can have long-lasting consequences such as having a criminal record follow them around for years to come. Fight the charges by enlisting the help of an experienced Miami criminal indecent exposure lawyer. With more than 25 years of experience, Attorney Evan Hoffman can help.

Give us a call at (305) 928-1669 today if you are in Miami. Call us at 954-737-3004 if you are in Broward County.

Indecent Exposure Penalties in Florida

Florida Statute § 800.03 makes it unlawful for a person to expose or exhibit his or her 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.

The statute clarifies that a mother’s breastfeeding of her baby does not under any circumstance violate this section. Additionally, Chapter 11.9 of the Florida Standard Jury Instructions states that proof of mere nudity or exposure is not sufficient to sustain a conviction.

In order for an alleged offender to be convicted of this crime, a prosecutor will need to prove all four of the following elements beyond a reasonable doubt:

  • The alleged offender exposed or exhibited his or her sexual organs or was naked
  • The alleged offender did so or was naked in a public place, on the private premises of another, or so near the private premises of another as to be seen from those private premises
  • The alleged offender intended the exposure or exhibition of his or her sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner
  • The exposure or exhibition of the sexual organs or nakedness was in a vulgar, indecent, lewd, or lascivious manner

Indecent exposure is a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.

Lewd or Lascivious Exhibition Penalties in Miami-Dade County

The crime of exposing genitals becomes a felony offense if it is committed in the presence of an alleged victim less than 16 years of age, or if the alleged offender is detained in a state correctional institution or private correctional facility and commits the offense in the presence of a facility employee. In such cases, the crime becomes lewd or lascivious exhibition.

Lewd or lascivious exhibition in the presence of an alleged victim less than 16 years of age is prohibited under Florida Statute § 800.04(7), and lewd or lascivious exhibition in the presence of an employee is prohibited under Florida Statute § 800.09.

Both statutes make it a crime for the alleged offender to do any of the following in the presence of an alleged victim:

  • Intentionally masturbate
  • Intentionally expose his or her genitals in a lewd or lascivious manner
  • Intentionally commit any other sexual act that does not involve actual physical or sexual contact with the alleged victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

Lewd or lascivious exhibition in the presence of an alleged victim less than 16 years of age by an alleged offender less than 18 years of age and lewd or lascivious exhibition in the presence of an employee are both third-degree felony offenses punishable by up to 5 years in prison and/or a fine of up to $5,000

If an alleged offender 18 years of age or older commits lewd or lascivious exhibition in the presence of an alleged victim less than 16 years of age, the crime is a second degree felony offense punishable by up to 15 years in prison and/or a fine of up to $10,000.

Convictions for these crimes can carry much longer-lasting consequences than just incarceration and fines. Lewd behavior on a person’s criminal record can lead to significant difficulties when it comes to obtaining employment or housing.

Let us help you work toward returning to your life. Schedule a free consultation by calling (305) 928-1669 for Miami consultation. Call 954-737-3004 if you are in Broward County.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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Record Of Success

Aggressive Traffic Ticket Defense
  • Case Dismissed Possession of Marijuana

    We filed a motion to suppress the stop based upon an illegal search and seizure. The Judge ruled that the officer did not have probable cause to stop the client.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to get all the charges dismissed before the case even went to arraignment.

  • Not Guilty Felony Robbery

    Client was charged with armed robbery in Tallahassee. In less than an hour, the jury returned a verdict of not guilty.

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