Being arrested for indecent exposure can destroy your life. From losing your job to ruining your relationships with friends and family, a conviction for this crime can have far-reaching consequences. Here’s what you need to know about Miami’s indecent exposure laws.
Indecent exposure is covered in Florida law under Statute 800.03. Entitled “Exposure of sexual organs”, the statute states that:
“It is unlawful to expose or exhibit one’s 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 to be naked in public except in any place provided or set apart for that purpose.”
Under Florida law, indecent exposure does not necessarily have to mean the exposure of one’s sexual organs for the purpose of sexual gratification. Rather, individuals may be arrested for indecent exposure for any number of seemingly harmless reasons. If, for example, a person wanted to play a prank on someone and goes streaking nude through a public place, they can be arrested and charged with indecent exposure.
Proving Indecent Exposure
In order to prove that the crime of indecent exposure occurred, the following must be established by the prosecution:
- The defendant exposed their sexual organs or was naked.
- Any exposure was done in a public place, on private property belonging to someone else, or close enough to another person’s private property as to be visible from that property.
- The defendant intended their exposure to be in a vulgar, lewd, lascivious, or indecent manner.
- Any exposure was in a manner that can be described as vulgar, lewd, lascivious, or indecent.
For indecent exposure to be proven in court, the nudity must be shown to be lewd or vulgar in nature. Simply being naked, or the visibility of one’s sexual organs is insufficient. Lewd, vulgar or lascivious is defined under Florida law as requiring that some form of sexual intent – usually lustful or indulgent – is required.
Penalties for Indecent Exposure
Under Florida law, indecent exposure is usually classed as a first-degree misdemeanor, with penalties of up to one year in county jail, or one year of probation, as well as a fine of up to $1,000. The conviction of an indecent exposure charge, however, can have far-reaching consequences for those found guilty. In addition to custodial or probationary sentencing, the guilty party will have to bear the stigma of having engaged in such behavior, which can permanently harm their social, housing and job prospects, as well as any hopes of joining professional bodies.
Contact an Experienced South Florida Attorney Today
If you are charged with indecent exposure in Miami, it is essential that you contact a criminal defense attorney right away. Because of the potential damage an indecent exposure conviction could have on all aspects of your life, make sure you get the best attorney possible.
Chad Piotrowski has an extensive background in aggressively defending his clients from charges ranging from marijuana possession to armed drug trafficking and murder. A former prosecutor in Miami-Dade County, Chad Piotrowski has the unique ability to anticipate prosecution strategies to help build a solid defense to help obtain the best possible outcome for his clients.