Whether a person was engaged in a sex act in public or committed an act of public nudity as a joke (such as streaking at a sporting event), an arrest for exposure of one’s sexual organs is no laughing matter. While these alleged incidents usually result in misdemeanor charges, some crimes can be classified as felony offenses.
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.Indecent Exposure Lawyer in Broward County, FL
Were you arrested in South Florida for allegedly exposing you sexual organs in public? The Hoffman Firm aggressively defends clients accused of sex offenses in Sunrise, Lauderhill, Cooper City, Plantation, Coral Springs, and many surrounding areas of Broward County.
Evan A. Hoffman is a skilled criminal defense attorney in Fort Lauderdale who understands how prosecutors handle these cases because of his previous experienced as an Assistant State Attorney for the Broward County State Attorney’s Office. Call (954) 524-4474 right now to take advantage of a free, confidential consultation that will let our lawyer review your case and help you understand all of your legal options.
Fort Lauderdale Indecent Exposure Information Center
- What is considered indecent exposure in Florida?
- How can a person be charged with lewd or lascivious exhibition?
- Where can I learn more about indecent exposure offenses in Broward County?
Penalties for Indecent Exposure in Florida
Under Florida Statute § 800.03, it is illegal for a person to be naked in public except in any place provided or set apart for that purpose or to expose or exhibit his or her sexual organs in a vulgar or indecent manner:
- in public;
- on the private premises of another; or
- so near thereto as to be seen from such private premises.
Chapter 11.9 of the Florida Standard Jury Instructions established that proof of mere nudity or exposure is not sufficient to sustain a conviction. For an alleged offender to be convicted of indecent exposure, a prosecutor must 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 exposure or exhibition of the sexual organs or nakedness was in a vulgar, indecent, lewd, or lascivious manner;
- 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 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.
Public nudity or exposure of sexual organs is a misdemeanor of the first degree punishable by a maximum sentence of one year in jail and/or a maximum fine of $1,000. It is important to note that a mother’s breastfeeding of her baby does not under any circumstance constitute an indecent exposure violation.
Broward County Penalties for Lewd or Lascivious Exhibition
Certain indecent exposure crimes can become the felony offense of lewd or lascivious exhibition when the alleged offender does any of the following in the presence of certain alleged victims:
- Intentionally exposes his or her genitals in a lewd or lascivious manner; or
- Intentionally masturbates;
- Intentionally commits 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.
When 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, the crime is a third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000.
When the alleged victim is less than 16 years of age and the alleged offender is less than 18 years of age, lewd or lascivious exhibition is also a felony of the third degree subject to the same punishments listed above. If an alleged offender is 18 years of age or older, the crime becomes a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000.
Florida Resources for Indecent Exposure Arrests
Chapter 800 | Florida Statutes — Visit this website to see all of the laws in Florida relating to indecent exposure and lewdness. You can find definitions and prohibited defenses, including claims of ignorance or belief of an alleged victim’s age. Florida Statute § 800.05 also discusses the retirement benefits of a public officer or employee who is convicted of felony lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age being subject to forfeiture.
Man's own security camera caught him exposing himself to neighbor, say deputies — On February 3, 2015, the Sun-Sentinel published this story about a West Park man who was arrested at his home after a neighbor complained that the alleged offender was clad only in a bathrobe when he masturbated in his yard while staring in the direction of a 2-year-old child. The man was originally charged with lewd and lascivious behavior against a child after he allowed deputies to view security footage that showed him behaving as the neighbor described. The judge in this case found there was no evidence the toddler witnessed the man’s alleged actions and said there were reasonable grounds to support a reduced misdemeanor charge of indecent exposure.
If you have been arrested in South Florida for allegedly being naked in a public place or exposing your sexual organs in a vulgar or indecent manner, it is in your best interest to immediately seek legal representation. The Hoffman Firm can fight to achieve the most favorable outcome to your case, including possibly getting criminal charges reduced or dismissed.
Fort Lauderdale criminal defense attorney Evan A. Hoffman represents clients all over Broward County, including Dania Beach, Hallandale Beach, Hollywood, Deerfield Beach, Fort Lauderdale, and many other nearby communities. You can have him provide an honest and thorough evaluation of your case as soon as you call (954) 524-4474 or complete an online contact form to schedule a free consultation.