Fort Lauderdale Indecent Exposure Lawyer

Attorney for Charges of Indecent Exposure or Lewd and Lascivious Exhibition in Fort Lauderdale, FL

An arrest for indecent exposure can be damaging to a person's reputation and relationships, and it can also result in serious criminal penalties. These charges can have long-term consequences that could affect opportunities for employment and education while also impacting other parts of a person's life. In cases involving allegations of acts that violate public decency, legal help from a skilled and experienced attorney can be crucial.

The lawyer at The Hoffman Firm represents clients in Fort Lauderdale who have been accused of indecent exposure or similar offenses. He provides confidential, strategic legal representation to help clients protect their rights, reputations, and futures. We can provide a strong defense designed to minimize consequences that could lead to lasting harm.

Indecent Exposure Charges

Under Florida Statutes Section 800.03, indecent exposure is known as exposure of sexual organs. A person could be charged with this offense based on accusations that they intentionally exposed their genitals or other sexual organs when they were in public or claims of public nudity that others believed was indecent.

Florida law does not criminalize nudity in all cases. For example, breastfeeding does not qualify as indecent exposure. However, when nudity is coupled with sexual conduct or occurs in a way that is intended to offend or arouse, criminal charges may apply.

Lewd or Lascivious Exhibition: A More Serious Offense

Florida law also defines a more serious crime under Section 800.04(7) that is known as lewd or lascivious exhibition. This charge may apply if someone is accused of intentionally exposing their genitals or committing sexual acts in the presence of a minor younger than the age of 16. A person may be charged with lewd or lascivious exhibition for:

• Exposing themselves to a child
• Masturbating in view of a minor
• Simulating sexual activity in front of a child
• Engaging in sexually explicit conduct while knowing a minor is present

Situations That Could Lead to Arrests for Indecent Exposure

Arrests for indecent exposure may be based on accusations of activity that occurred in settings where privacy expectations and public decency standards are unclear. Examples of situations where arrests may occur include:

• A person urinating in public, such as in a park or alleyway
• Allegations of inappropriate exposure on a beach or in a hotel room that is visible from the outside
• Intimate activity in a vehicle parked on a public street or parking lot
• "Streaking" or other pranks that people may find offensive

The context of a situation and a person's intent may play a significant role in these cases. What one person may believe to be a harmless or private act may be interpreted by someone else as indecent or lewd. When incidents are reported to police, a person may be arrested and charged with indecent exposure.

Penalties for Indecent Exposure or Lewd and Lascivious Exhibition

Indecent exposure is typically charged as a first-degree misdemeanor for a first offense. A conviction may lead to a maximum jail sentence of one year. A second indecent exposure offense may result in third-degree felony charges, with a potential prison sentence lasting for up to five years.

Lewd or lascivious exhibition is a second-degree felony when committed by an adult who was at least 18 years old. A conviction could lead to a prison sentence for as long as 15 years. If the alleged offender was younger than 18, they may face third-degree felony charges.

Addressing Indecent Exposure Charges

Accusations of indecent exposure may be based on subjective perceptions, conflicting accounts, and limited evidence. Our goal is to protect our client's rights, preserve their reputation, and avoid unnecessary consequences. Potential defense strategies such as the following may be available:

• Lack of Intent: The alleged exposure may have been accidental, or it may have taken place because of circumstances beyond a person's control. Accidental nudity or exposure of someone's private parts during a medical emergency may not qualify as a criminal offense.
• Insufficient Evidence: Our lawyer will look at whether there is any objective evidence to support the claims of indecent conduct. In some cases, charges may be based on vague or exaggerated reports, or witnesses' accusations may be called into question. Without sufficient evidence, the prosecution may not be able to meet its burden of proof, and we may argue that charges should be dismissed.
• No Lewd or Offensive Conduct: Mere nudity is not necessarily a criminal offense. If the exposure did not occur in a sexual context or was not meant to offend or arouse, our attorney may argue that the conduct was not criminal.
• Mistaken Identity or False Accusations: In crowded or public places, people may be misidentified. Alternatively, some accusations may be exaggerated or fabricated due to personal disputes or misunderstandings. Our lawyer will investigate these issues and present evidence that challenges the credibility of the allegations.

Contact Our Fort Lauderdale, Florida Indecent Exposure Attorney

When facing charges of indecent exposure, lewd exhibition, or other related offenses, a strong legal defense can make a meaningful difference in your case. At The Hoffman Firm, we can help you protect your rights, defend your reputation, and resolve your case successfully. Contact our Fort Lauderdale indecent exposure defense lawyer at 954-524-4474 to arrange a free consultation and begin building your defense.