Sex Crimes are usually trigger thoughts of rape, prostitution, or crimes against children. Florida Law expands these types of crimes considerably from these notions, to include exposure of sexual organs.
Exposure of Sexual Organs is defined by Florida Statues § 800.03 as either:
- “Exposing or exhibiting 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
- Being naked in public in a vulgar or indecent manner.”
Penalties for Exposure of Sexual Organs
Exposure of Sexual Organs is a serious offense even for a first-time offender under Florida Law, designated as a first degree misdemeanor. First degree misdemeanors carry up to:
- One year in jail,
- One year on probation, and
- Up to $1,000 fine.
After the first offense a second or further can be charged as a third degree felony, carrying up to:
- Five years in prison,
- Five years of probation, and
- Up to a $5,000 fine.
These are just the maximum penalties, when a judge sentences an individual to probation there is a wide latitude of penalties that can be attached, such as classes, substance abuse treatment, mental health treatment, community service, etc.
In addition to the actual sentence, a charge such as this will carry a significant stigma throughout life. Background checks for employment, housing, school, or even volunteer work will show this sex offense publicly. Employment and housing may become very difficult to obtain if a conviction enters for this charge.
Exceptions and Defenses
There are fortunately some exceptions when a person cannot be found guilty of this charge:
- Breastfeeding a baby, or
- Being naked for some other purpose than exposing sexual organs, even if potentially another crime;
- Skinny dipping
- Visiting a designated nude beach
- Urinating in Public
- Accidental nudity due to some sort of accident or mistake.
There are a few defenses a skilled Jacksonville criminal defense attorney can also employ to arrive at the best possible result:
- Mistaken Identity – Sometimes these charges arise from security footage or (more commonly) eyewitness testimony. Both can lead to the wrong person and a case that will not hold up in court.
- False Accusation – A reporting party could be mistaken about a belief there was some level of nudity, and investigation coupled with a discussion of how things actually played out could benefit the case greatly.
- Lack of Vulgar or Indecent Exposure – as described above – skinny dipping, urinating in public, or similar behavior may sometimes be crimes based on the circumstances – they do not fit this statute and should result in greatly reduced charges.
- Lack of Knowledge of Exposure – A person could be changing or have a rip in a piece of clothing and accidentally expose themselves to others, a qualified criminal defense attorney and have a frank discussion with the prosecution in cases such as these and reduce or eliminate ramifications.
Jacksonville Sex Crime Defense Lawyer
Lee Lockett and legal team at Lockett are based out of Duval County, but travel all over North Florida to defend the rights of the accused. The team is prepared to defend your rights if you have been accused of a violation of probation in or out of Jacksonville. Mr. Lockett began his career as a prosecutor and brings that knowledge to defend the accused and seek justice. He learned how these cases work and knows how to appeal to the State Attorney to achieve dismissal or a reduction of charges. Call a Jacksonville defense lawyer today at (904) 858-9818 or connect with our team in the chat window on the bottom right of your screen to have an open and free consultation.
