Exposure of Sexual Organs
Have you been arrested and charged with exposing your sexual organs in an indecent manner in West Palm Beach? This statute prohibits anyone from showing their 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.
During Spring Break, this crime is broken many times. People drink too much and have to pee. They pee somewhere in view of other people and are arrested. Other times, people drink too much and get “wild” and flash each other or publically masturbate. All of these actions can be prosecuted under this statute. One man was even prosecuted under this statute for wearing shorts way too short inside a store and his “stuff” became exposed. See Ross v. State.
Actions that can violate this statute:
- Peeing in Public
- Nude Sunbathing
- Public Masturbating
- Skinny Dipping
- Way Too Short Shorts
- Nudists Activities Too Close to Others
The prosecutor must prove beyond a reasonable doubt:
- You either:
- Uncovered or showed off your sexual organs; or
- You were naked;
- You did this:
- In a public place;
- On the private property of another;
- So near the private property that someone can see you;
- You intended the uncovering or showing of your sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner; and
- The uncovering or showing of the sexual organs or nakedness was in a vulgar, indecent, lewd, or lascivious manner.
“Vulgar,” “indecent,” “lewd,” and “lascivious” mean the same thing. They mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
Acts are not vulgar, indecent, lewd, or lascivious unless such acts cause offense to one or more persons viewing those acts or unless the acts substantially intrude upon the rights of others.
You might be wondering why any of the above listed actions would be a violation of this statute if they were not doing anything with lewd intentions. The police are not going to be trying to figure out your intentions but are going to likely arrest you and have your attorney figure out your intentions.
A “public place” is any place intended or designed to be frequented or resorted to by the public.
Hopefully, no one under 16 was around when this crime was committed because Florida Statute 800.04(7) makes this crime a second-degree felony if the defendant was over 18 or a third-degree felony if the defendant was under 18. A conviction under 800.04(7) will require the defendant to register as a sexual offender, unless Florida’s Romeo and Juliet Law applies.Punishment
This West Palm Beach crime is a first-degree misdemeanor, which is punishable up to 365 days in jail and a $1,000 fine.
Thankfully this crime does not require the defendant to register as a sex offender.Contact the Law Office of Roger P. Foley, P.A.
If you have been arrested and charged with this crime, call our law offices today. There are many facts surrounding your case. It is important that you meet with us and tell us your side of the story with all the facts. This information will be critical to putting together a defense strategy for your case. Our West Palm Beach criminal attorneys will find out what evidence the prosecutor has against you. We will then inform you of your options on how to proceed with the case. The goal on any sex crime is to change or eliminate the charge. Each case is fact specific and we will find the best defense available based on your facts.