In the state of Florida, a person can be charged with exposure of sexual organs—also known as indecent exposure—for a variety of reasons ranging from nude sun-bathing to streaking to public urination. However, in many situations, the prosecutor is obligated to provide evidence that the defendant had lascivious intent in their actions. Every person’s case is unique, but there are several defenses that have been known to be successful in many of these cases.
How Can Your Lawyer Defend an Exposure of Sexual Organs Charge?
According to Florida Statutes Section 800.03, there are a few elements that need to be present in order for a person to be charged with indecent exposure. A prosecutor will need to prove all four of the following elements in order to succeed in a conviction:
- The defendant exposed their sexual organs
- The incident act occurred in a public place or private premises visible to another person
- The defendant intended to expose themselves in a vulgar, lewd, or offensive manner
- The exposure or nakedness was in an indecent or lascivious manner
To defend an indecent exposure charge in court, your lawyer will need to disprove one or more of these elements in your case. Possible arguments your criminal defense attorney could use include the following:
No Genitals Were Exposed
For someone to be charged with indecent exposure, they need to have actually exposed their sexual organs. Showing your underwear or wearing revealing clothing are likely not substantial enough reasons to justify an indecent exposure conviction, and your attorney may be able to argue that your genitals were never actually exposed.
Lack of Intent
Mistakenly or unintentionally exposing your genitals does not warrant indecent exposure, meaning things like hiding in a bush to relieve yourself or dealing with a malfunctioning zipper can be defended by your attorney because the exposure was not intended to be lewd, vulgar, or offensive.
Suffering from a mental illness or mental disability can lead people to behave in ways that could result in an arrest for exposure of sexual organs. People facing mental challenges do not always understand how their actions affect the world around them and should not be held liable for actions that they are unable to fully comprehend.
If the accused offender was under the influence of drugs or alcohol during the time of the exposure, a lawyer may be able to mitigate the damages by arguing that the defendant was not fully cognizant at the time. Drinking and drug use impairs a person’s ability to make decisions and can be used to reduce any penalties associated with the exposure.
Unaware of the Presence of Another Person
If you did not realize that other people were around when you exposed yourself, your lawyer could defend you by stating that you had a reasonable expectation of privacy. Whether the exposure occurred in your own home or another private area, it could be argued that you were under the impression that you were not within the presence of another person that would be offended by your conduct.
Contact West Palm Beach Criminal Defense Attorney Brian Gabriel
Attorney Brian Gabriel has centered his practice around the representation of criminal defendants since 1995. From indecent exposure charges or other sex crimes to assault, drug trafficking, and first-degree murder, seasoned criminal defense attorney Brian Gabriel has defended it all and are dedicated to guiding you through every legal obstacle.
Our aggressive, competent, and experienced legal counsel will be strategic in finding solutions for your case, so you can rest assured that your rights and future are in the right hands. Call (561) 622-5575 or complete an online contact form to schedule a free review of your indecent exposure case.