Have you been charged with indecent exposure, or do you have a friend or family member who has been charged with this crime? You may be wondering exactly what indecent exposure consists of and whether or not it is a good idea to contact a criminal attorney in Miami for help.
In the state of Florida, indecent exposure is the act of exhibiting or exposing sexual organs either in public or on private property within view of those on public property. For example, showing your private areas on a deck of a home that is within sight of those on a deck of another home. This exposure may be considered indecent or vulgar.
Streaking, which is a well-known prank, can be considered as indecent exposure and is often what most people think of when they consider this charge. The indecent exposure law includes being naked anywhere in public, except in places where you are allowed to be nude, such as a nude beach.
Proving an Indecent Exposure Charge
If you have been charged with indecent exposure, it is important to know your rights. A Miami criminal lawyer will be able to discuss your case with you and help you through these charges. In order for a prosecutor to prove that an indecent exposure crime occurred, there are four elements the State must prove beyond a reasonable doubt.
First, the State has to prove that the person who is being accused of indecent exposure, exhibited or exposed their sexual organs or that they were naked.
Second, the State must prove that this exposure occurred in a public place or on the private property of another individual, or it was near the private property of another person, and the exposed individual could be seen from that other private property.
Third, the prosecutor must be able to prove that the person who was accused of indecent exposure intended to do so as a way to be lewd, vulgar, or indecent. This can be the toughest thing to prove, and the law protects individuals who were not intentionally being lewd, but perhaps accidentally exposed their genitals in a place where it was not acceptable.
Finally, the act of exposing one’s self is not considered to be vulgar unless the act caused offense to one or several people who viewed the act or if the act intruded on the rights of the other people who were there.
Simply proving that a person was nude or that their genitals were visible is not sufficient enough to obtain a conviction for indecent exposure. For example, breastfeeding a child or urinating in public are not considered acts of indecent exposure because there is not an intent to be vulgar or lewd.
This is an important aspect to remember about indecent exposure charges as it is often difficult to prove that a person intended to be vulgar or lewd in an indecent exposure charge.
Defense for an Indecent Exposure Charge
If you have been charged with indecent exposure, it is a good idea to hire a Miami criminal lawyer, as they will be able to help you through the case. The most important thing to remember about this type of charge is that intent of being lewd must be proved. For this reason, there are many different defenses that can contest a charge of indecent exposure, and our Miami criminal defense attorney will be able to work with you on a defense that will best prove your innocence.
Even in situations where there is no viable defense available, often times a charge of indecent exposure can often be negotiated down to a charge that is less serious. This means that the defendant will not have to experience the long-term effects that a conviction for indecent exposure may cause.
If you are charged with indecent exposure, contact a Miami criminal defense lawyer right away. Do not discuss your case or charges with anyone until you have talked to your lawyer.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Lawyer.