Indecent exposure is a criminal offense in Florida that involves the intentional exposure of one’s genitals in a manner that is likely to be seen by others. This offense is addressed under Florida law to maintain public decency and prevent unwanted sexual conduct.
Hernando County Indecent Exposure Attorney
Whether as the result of a fun night out or a misunderstanding, indecent exposure charges can change your life – and not in a good way. Aside from the social stigma, fines and potential jail time, these charges can land you on the sex offender registry.
If you have been charged with indecent exposure, you need to contact the experienced criminal defense attorneys at Ashley Aulls, PLC.
Ashley Aulls serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your sexual offense case, call (352) 593-4115 today.
Information Center
- Florida Indecent Exposure Defined
- Types of Indecent Exposure in Florida
- Penalties for Indecent Exposure
- Common Defenses
- Hire an Indecent Exposure Attorney in Hernando County, FL
Florida Indecent Exposure Defined
Indecent exposure is defined under Florida Statutes Chapter 800, specifically Florida Statute § 800.03. The statute describes the offense as follows:
- Exposure of Genitals: The law prohibits the intentional exposure of one’s genitals in a public place or where others are likely to see the exposure. This includes any act where a person displays their genitals deliberately in a way that is intended to or likely to be viewed by others.
- Public Places: The term “public place” is broadly interpreted to include any location where the public has access or where there is a reasonable expectation that others might be present, such as parks, streets, and public transportation. This also includes exposure on public property where you may be seen on private premises.
- Intent: For a charge of indecent exposure, it is necessary to prove that the exposure was intentional. Accidental or inadvertent exposure typically does not meet the criteria for this offense. However, intentionally wearing clothing that may flash others is likely to test positive for the intent clause.
- Lewd or Lascivious Behavior: The statute also encompasses behavior that is lewd or lascivious in nature, meaning that the exposure is done in a manner that is sexual or offensive in nature.
Indecent exposure is generally illegal because it forces a potentially unwilling public to be part of your sexual activity, including children.
Types of Indecent Exposure
There are multiple circumstances in which a person could be charged with indecent exposure, including the following:
- Exposing one’s genitals – “Flashing,” or exposing one’s genitalia, is the most common form of indecent exposure and is never acceptable under law except at adult entertainment venues by paid performers.
- Public Nudity – Being nude in public, without explicitly intending to “flash” someone is typically illegal, with the exception of some private residences or nude beaches.
- Private Nudity – Generally, what you do in your home is your business. However, leaving the curtains open or intentionally creating a scenario were an unwilling public may see your sexual activity is illegal.
- Public Sex – If you’re caught having sex in public, even out of the way, you can be charged with indecent exposure.
- Urinating – Urinating in public is also an easy way to be charged with indecent exposure.
Penalties
The penalties for indecent exposure in Florida can vary depending on the circumstances and the offender’s prior criminal history. The legal consequences are outlined as follows:
- Misdemeanor Classification: In most cases, this charge is classified as a first-degree misdemeanor under Florida Statute § 800.03. This classification carries the following potential penalties:
- Imprisonment: Up to 1 year in county jail.
- Fines: Up to $1,000.
- Probation: Up to 1 year of probation, which may include conditions such as community service, counseling, or restrictions on where the individual can go.
- Felony Classification: Subsequent offenses are subject to increased penalties, and will be prosecuted as a third-degree felony. This classification carries the following penalties:
- Imprisonment: Up to 5 years in Prison.
- Fines: Up to $5,000.
- Probation: Up to 5 years.
- Enhanced Penalties: If the indecent exposure is deemed particularly egregious or if there are aggravating factors involved (such as exposure to minors or in a manner that causes substantial alarm or distress), the offense might be treated more seriously. In such cases, the penalties may be increased, and the charges may be elevated to a felony if there are additional criminal elements involved, such as repeat offenses or related sexual offenses.
- Sexual Offender Registration: Depending on the circumstances of the case, you may be required to register as a sex offender. This is one of the reasons why it is so important to hire an attorney for indecent exposure cases.
Common Defenses
Defending against an indecent exposure charge involves challenging the prosecution’s evidence or arguing that the legal criteria for the offense have not been met. Common defenses include:
- Lack of Intent: One of the primary defenses is arguing that the exposure was not intentional. This can include cases where the exposure was accidental, such as a wardrobe malfunction, or where the act was not meant to be lewd or sexual in nature like a performance.
- False Allegations: The defense may assert that the allegations are false or that the accuser has a motive to lie, such as personal vendettas or misunderstandings. This defense often involves disproving the credibility of the accuser or showing inconsistencies in their account of events.
- Insufficient Evidence: The defense may argue that the prosecution has not met its burden of proof. This could involve challenging the evidence presented, such as witness testimony or physical evidence, and arguing that it does not establish beyond a reasonable doubt that the exposure was intentional or that it occurred in a public place.
Hire an Indecent Exposure Attorney in Hernando County, FL
If you or a loved one have been charged with indecent exposure, you need to contact the experienced attorneys at Ashley Aulls, PLC.
Ashley Aulls serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your sexual offense case, call (352) 593-4115 today.