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 charges.
People may be arrested for indecent exposure after any one of a number of seemingly harmless pranks, such as streaking (the act of running naked through a public place). A conviction can have must longer-lasting consequences than just possible incarceration and fines, as having this crime reflected on a criminal record can create substantial hardship in employment and housing matters.Lawyer for Indecent Exposure Offenses in Miami-Dade County, Florida
If you were arrested for any kind of alleged indecent exposure in Florida, you will want to immediately retain legal counsel. The Hoffman Firm aggressively defends clients accused of sex crimes all over Miami-Dade County, including Hialeah, Miami Beach, Opa-locka, South Miami, and several surrounding communities.
Evan A. Hoffman is an experienced criminal defense attorney in Miami who has experience handling these cases on both sides of the aisle as a former Assistant State Attorney. He can review your case and discuss all of your legal options as soon as you call (305) 249-0090 to schedule a free initial consultation.
Overview of Indecent Exposure Crimes in North Miami
- How can a person be convicted of this offense?
- When does this crime become a felony offense?
- Where can I find more information about indecent exposure crimes?
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; and
- 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 one 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; or
- 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 five 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 tp to 15 years in prison and/or a fine of up to $10,000.
Florida Indecent Exposure Resources
Chapter 800 | Florida Statutes — View the full text of statutes relating to lewdness and indecent exposure offenses. Learn more about definitions, prohibited defenses, and claims relating to ignorance or belief of an alleged victim’s age in these statutes. You can also read about forfeiture of retirement benefits for felony lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
Doors singer Jim Morrison wins indecent exposure pardon — In 1969, Jim Morrison became perhaps the most famous person to ever be arrested for indecent exposure after he allegedly exposed himself to the audience while the Doors performed at Miami's Dinner Key Auditorium. A jury found Morrison guilty of misdemeanor charges of profanity and indecent exposure, and the band ultimately cancelled its 20-city tour. On December 9, 2010, the Florida Board of Executive Clemency voted unanimously to posthumously pardon Morrison four decades after his convictions.
Were you arrested for alleged indecent exposure in Florida? It will be in your best interest to contact The Hoffman Firm for help fighting to possibly have these charges reduced or dismissed.
Miami criminal defense attorney Evan A. Hoffman is a former prosecutor who represents clients in Aventura, Coral Gables, North Miami, Key Biscayne, and many nearby areas of Miami-Dade County. Call (305) 249-0090 or complete an online contact form to take advantage of a free, confidential consultation that will let our lawyer review your case.