The act of exposing sexual organs in an indecent or vulgar manner is a crime. And with this charge comes the possibility of jail time, fines and having to register as a sex offender. There are many situations that constitute indecent exposure.
Urinating in public, streaking, flashing someone in public, individuals engaged in sexual activity in a public place, nudists engaging in activities and naked sunbathing are just some of the situations one could be charged with this crime for.
Penalties for Indecent Exposure
Individuals who are convicted of indecent exposure may be fined up to $1,000 and face imprisonment for a year. However, if a minor is involved, the consequences get significantly more severe.
Indecent exposure in front of a child can lead to imprisonment for 15 years. In addition to being added to the sexual offender list, it also will be a permanent felony on your record.
Defenses for Indecent Exposure
To be charged, the prosecution must prove that the accused had lascivious intent. If the defense can show that there was no vulgar or indecent intent, the charge can be dropped.
It is also up to the prosecution to prove that the person purposely showed their genitals to unsuspecting individuals. The indecent exposure claim must also prove that the accused was in a public place or adjacent to a public place where unsuspecting individuals would be able to see their sexual organs.
Indecency with a Child
Indecent exposure is the act of exposing any part of the genitals or anus while a child is present or causing a child to expose their genitals or anus.
Lewd or Lascivious Exhibition
When individuals commit indecent exposure in front of minors under 16, they can be charged with lewd or lascivious exhibition. This includes intentionally showing genitals, masturbating or committing any sexual act that doesn’t involve touching the person.
The penalties for these crimes are 15 years in prison and up to $10,000 in fines.
Have You Been Accused of Indecent exposure in Florida?
If you have been charged with indecent exposure, you need to contact an experienced criminal defense attorney. as soon as possible. It is not uncommon for innocent individuals to be wrongfully accused of lewd and lascivious crime. It is imperative to build a strong defense so that you can get the best possible outcome. Contact me online or call my Miami office directly at 305.707.7345.
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