Defending Against Accidental Indecent Exposure in Florida
Florida Statue 800.03 prohibits the exhibition of one’s sexual organs “in public, or on the private premises of another so near to it as to be seen from such private premises, in a vulgar or indecent manner.” If someone under the age of 16 saw you, you could be charged with lewd or lascivious exhibition—a second-degree felony punishable by up to 15 years in prison.
The best defense to these charges will depend on the specifics of your case. For example, your attorney may be able to argue that there was no lewd intent behind the nudity:
- At a pool or beach. If you were skinny dipping at night, your lawyer might be able to claim that your body wasn’t visible to the public. Similarly, you may have thought that you were alone if you were sunbathing in the nude on a deserted beach.
- At a campsite. Urinating outside may be understandable if you get lost on a hiking trail. You may have used a public bathroom with the window open for necessary ventilation. You could also have been accused of streaking after your clothes were stolen from a camp shower.
- In your home. You might have to defend your actions even if you were naked in your own home. For example, you dropped your clothes in the laundry before walking to the shower without realizing you could be seen from the street. Mitigating factors might include how long you have lived in the house, whether there have been similar complaints in the past, and whether the viewer was on your property at the time.
A sex crime conviction can follow you for the rest of your life, so it’s vital to take these charges seriously—even if they seem like a simple misunderstanding. Our Florida sex crimes law firm can provide a defense that protects your reputation and future.