Orlando Exposure Crimes Defense Attorney
According to Florida Statute 800.03, the crimes of Exposure is defined as the unlawful exposure or exhibiting of one’s sexual organs in public or on private premises of another, or so near thereto as to be seen from 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. The exception to this rule is mothers breastfeeding their babies.
As defined by State v. Kees, 919 So. 2d 504, 507-08 (Fla. 5th DCA 2005) a “public place” is any place intended or designed to be frequented resorted to by the general public.
Mere nudity is insufficient to sustain a conviction. Hoffman v. Carson, 250 So. 2d 891, 893 (Fla. 1971); Goodmakers v State, 450 So. 2d 888 (Fla. DCA 1984).
Elements of Exposure Crimes
In order to obtain a conviction for Exposure Crimes in any form, Orange County prosecutors must prove four factual elements beyond a reasonable doubt:
- The defendant exposed or exhibited his/her sexual organs or was naked;
- The defendant did so in a public place, on the private premises of another, or so near the private premises of another as to be seen from those private premises;
- The defendant intended the exposure or exhibition of his or her sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner;
- The exposure or exhibition or nakedness was in a vulgar, indecent, lewd, or lascivious manner.
Stalking is a first degree misdemeanor. It may result in:
- Up to one year in jail or 12 months of probation; and
- Up to $1,000.00 fine.
Exposure Crime charges can be combated on several different levels. Each situation is different, but questions that may result in possible defenses include:
- Was the exposure for a non-lewd purpose?
- Is the evidence limited to mere nudity?
- Was the defendant aware of other’s presence, or his/her visibility to others?
- Was the exposure intentional?
If you find yourself standing accused of Exposure Crimes you need to be sure you have a good lawyer on your side. Facing Exposure charges can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.