What Is the Penalty for Indecent Exposure in Punta Gorda?

Indecent exposure is a much more serious offense than many realize. If you have been accused of indecent exposure in Punta Gorda, you should approach your defense carefully. The penalties are relatively serious, and they may extend beyond mere incarceration. What can you expect after an arrest for indecent exposure in Punta Gorda? Could a defense attorney help you fight for your rights?

Exposure of Sexual Organs Is a First-Degree Misdemeanor

The official term for indecent exposure in Florida is “exposure of sexual organs,” and a first-time offense can lead to a first-degree misdemeanor. This is the most serious type of misdemeanor in Florida, and it may lead to up to a year in jail. You may also face a year of probation and a fine of up to $1,000.

However, you may also face much more serious penalties for exposure of sexual organs in Florida. First, you could face felony charges for second and subsequent offenses. Specifically, subsequent offenses are third-degree felonies that carry multi-year prison sentences.

“Lewd or lascivious exhibition” is a related charge that specifically involves indecent exposure to children. If you were accused of exposing yourself to a child, you could face a second-degree felony. If you were under the age of 18 when you committed the offense, you still face a third-degree felony.

Finally, you could also face a third-degree felony if you expose yourself to a fellow employee, regardless of whether that employee is a minor or not.

What Counts as Indecent Exposure in Florida?

Under Florida law, you can only face this charge if you expose your sexual organs to others. While certain body parts are obviously sexual organs, others may be less well-defined. For example, does a female breast count as a sexual organ? The answer is that it depends. While Florida law classifies female breasts as sexual organs, context matters. In order to face this charge simply for exposing your breasts, you must have done so in a lewd, vulgar, or indecent manner. You should also know that breastfeeding in public never counts as indecent exposure.

“Mere nudity” does not count as exposure of sexual organs. In other words, you must expose yourself in a manner intended to shock others. You will also face these charges if you expose yourself to gratify yourself or others. This is, of course, highly subjective, and an experienced defense attorney can help you argue that you were merely nude. For example, you might have decided to go topless at a secluded beach simply to make yourself more comfortable. Someone might have seen you, but you did not intend to expose yourself specifically to them, or in order to sexually gratify yourself.

Can a Punta Gorda Defense Attorney Help With Indecent Exposure Charges? 

A Punta Gorda defense attorney may be able to help you push back against indecent exposure charges. In certain cases, “exposure of sexual organs” may be a sex crime in Florida. Even if it is not, the presence of this charge on your criminal record could cause serious reputational issues, career barriers, and other concerns. Speak with The Foley & Wilson Law Firm today to learn about the next potential steps.

Sources:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0800/0800.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/Sections/0847.001.html