According to Florida law, indecent exposure is considered the act of exposing or exhibiting one’s sexual organs in public or on the private property of another, or so near to either as to be seen from private property. Likewise, the exposure must be in a vulgar or indecent manner. A well-known prank, streaking, would also be considered indecent exposure, as the law also includes being naked in public except in any place where you can specifically be nude, such as a nude beach.
To prove the crime of indecent exposure, the prosecutor must be able to establish the following four elements beyond a reasonable doubt:
- The accused exposed / exhibited his / her sexual organs or was naked
- The accused did so in a public place, on the private property of another, or so near the private property of another they could be seen from that property
- The accused intended to expose or exhibit his / her sexual organs to be vulgar, lewd, indecent, or lascivious
- The exposure was done in a vulgar, indecent, lewd, or lascivious manner
Likewise, according to the law, the act isn’t considered “vulgar” unless such acts cause offense to one or more people viewing those acts, or unless the acts intrude substantially upon the rights of others. Proof of mere nudity or visibility of a person’s genitals is insufficient to sustain a conviction for indecent exposure. For example, urinating in public, sleeping nude on a doc, or breastfeeding a child is not considered an act of indecent exposure because there was no intent to be vulgar or lewd.
Because of the necessity of proving intent, there are many defenses available to contest a charge of exposure. A conviction can’t be sustained unless the prosecution is able to establish a lewd or lascivious intent. Even in the absence of viable defenses, indecent exposure charges can often be negotiated down to less serious charges, so the defendant doesn’t need to experience the long-term effects of a conviction.
If you were charged with indecent exposure, make sure to call our skilled Orlando sex crimes lawyer as soon as possible. Attorney Wiseman has 20 years of legal experience to offer your case. Let us see what we can do to defend your rights and freedom.
Contact us at (407) 708-9127 or fill out our online form to schedule a free case consultation with us today.