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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.
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.
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.
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Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense FirmExperienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track RecordClient satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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