Indecent Exposure of Sexual Organs
When people think of the crime of indecent exposure, they typically associate it with a person flashing. However, there are multiple ways that a person can commit the crime of exposure of sexual organs. Although it may seem less serious than other types of sex crimes, getting convicted can result in fines, incarceration, and a permanent criminal record. This may seem especially harsh when the exposure was caused by a wardrobe malfunction, prank, or simply a misunderstanding.
If you have been charged with indecent exposure of sexual organs, it is important to familiarize yourself with the charge and its penalties, along with the possible defenses that a Jacksonville defense attorney can help you with.
What is Considered Unlawful Exposure of Sexual Organs?
Florida Statutes § 800.03 explains that a person commits an unlawful exposure of sexual organs when he or she exposes or exhibits their sexual organs in a vulgar or indecent manner. The law states that a person can be charged with the indecent exposure of their sexual organs if those organs are exposed or exhibited in public, if sexual organs are exposed or exhibited in the private premises of another person or near enough to be seen from such private premises, or if the alleged offender is naked in public.
A key factor of this offense is that the sexual organs must have been exposed or exhibited in an indecent or vulgar manner. That means any of the following scenarios of the exposure of sexual organs are considered an exception to the law:
- A mother breastfeeding her baby; or
- An individual who is merely naked in a place where it is provided or set for that purpose.
Penalties and Sentencing
Under Florida law, the offense of exposing one’s sexual organs in an indecent manner is classified as a first-degree misdemeanor. A first-degree misdemeanor conviction for exposure of sexual organs carries the following penalties:
- Up to $1,000 in fines
- Up to one year in jail
- Up to one year of probation
If the defendant is charged with a second or subsequent offense for indecent exposure of sexual organs, it is classified as a third-degree felony. A third-degree felony conviction for exposure of sexual organs carries the following penalties:
- Up to $5,000 in fines
- Up to five years in prison
- Up to five years of probation
However, there are certain circumstances where the accused person may face more severe penalties.
Lewd or Lascivious Exhibition
If the defendant is accused of exposing their sexual organs in an indecent manner to a person who is under the age of 16, they may instead be charged with lewd or lascivious exhibition.
Under Florida Statutes §800.04, a person may be charged with lewd and lascivious exhibition for doing any of the following in the presence of someone under 16 years of age:
- Intentionally masturbates;
- Intentionally exposes their genitals in a lewd or lascivious manner; or
- Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to:
- Sadomasochistic abuse;
- Sexual bestiality; or
- Stimulation of any act involving sexual activity.
If the defendant is under 18 when accused of lewd or lascivious exhibition, they face a third-degree felony. A third-degree felony conviction carries the following penalties:
- Up to $5,000 in fines
- Up to 5 years in prison
- Up to 5 years of probation
If the defendant is over 18 when accused of lewd or lascivious exhibition, they face a second-degree felony. A second-degree felony conviction carries the following penalties:
- Up to $10,000 in fines
- Up to 15 years in prison
- Up to 15 years of probation
In addition to the statute specific penalties, defendants convicted of certain sex crimes are also required to register as a sex offender in Florida. According to the FDLE’s Sexual Offender Registry, a person convicted of lewd or lascivious offenses committed upon or in the presence of a person younger than 16 is required to register.
That means if you are convicted of this offense, you will be required to provide your information to the Registry where it remains public information, including where you work and where you live. Further, the FDLE states that unless a convicted person receives a full pardon or post-conviction relief for their offense, they must remain registered as a sex offender for life.
Defenses to an Indecent Exposure Charge
Facing a criminal charge and its penalties is an understandably stressful situation. If you find yourself feeling confused about how to fight the charges against you, consult with a defense attorney in your area. The attorneys at Lockett Law can help determine if any of the following defenses are applicable to your case:
- Mistaken Identity – These cases often include evidence arising from security footage or eyewitness testimony. It is possible that either can lead police to the wrong person, which is a defense which can be used to get the charges dropped.
- False Accusation – The alleged victim may have mistaken the extent of the nudity or the level of indecency, resulting in false accusation. Further investigation or evidence such as eyewitness testimony or video surveillance can help to prove false accusations.
- Lack of Knowledge of Exposure – If the accused person was not aware they were exposing themselves or their sexual organs, then the act may lack the indecent intent required to secure a conviction. This could be due to a rip in the defendant’s clothing, or accidental exposure.
- Lack of Vulgar or Indecency of Exposure – One of the main elements of an exposure of sexual organs conviction is that the defendant exposed themselves in a vulgar or indecent manner. If their behavior does not meet this, it may be used as a defense.
Contact a Jacksonville Sex Crimes Defense Attorney
If you or someone you love has been charged with exposure of sexual organs in Duval County or the surrounding North Florida areas, you should contact a Jacksonville criminal defense attorney to represent your case. If convicted, you could face expensive fines, prison sentences, or even be required to register as a sexual offender.
The team of defense attorneys at Lockett Law have a thorough understanding of the legal landscape. We can provide you with knowledge and insight on how to fight the charges against you, along with protecting your rights. Contact one of our Jacksonville defense attorneys to review your case in a free consultation when you call (904) 858-9818 or connect with our team in the chat window on the bottom right of your screen.
