Our client and his wife were charged with Lewdness when they were observed by undercover police exchanging oral favors in an Adult Movie theatre. The Adult Store/Theatre offers entrance into the theatre free of charge for couples. Officers entered the theatre and illuminated the area with their flashlights. There were other patrons in the theatre as well, including our clients that were observed engaging in oral sex. Our clients were arrested and charged with Lewdness/Exposure of Sexual Organs.
Lewdness/Exposure of Sexual Organs
In the state of Florida, lewdness or exposure of the sexual organs is defined as exposing the genitalia to another person with lewd intent. It may also be referred to as indecent exposure. Under Florida Statutes 800.03, it is unlawful for a person to expose themselves to another person on either public or private property in a vulgar manner. One may also not be naked in public place except for those areas that are set aside for that, such as a nude beach or nudist colony.
Lewd or vulgar can be defined as unlawful indulgence in lust or in a wicked, unchaste, or sensual manner.
Exposure of the sexual organs is a first-degree misdemeanor. Penalties include up to one year in jail with 12 months of probation and a fine of $1,000. However, if a minor under the age of 16 was present, a felony can be charged. Depending on the circumstances, one may have to register on the sex offender list.
Defenses Commonly Used For Lewdness/Exposure of Sexual Organs
Defenses that have been commonly used for this crime include:
- Exposure was not intentional
- Exposure was for a non-lewd purpose
- Evidence limited to pure nudity
- The act occurred during breastfeeding
- The defendant did not know that he was able to be viewed by others
- The defendant was unaware that others were in his or her presence
Obtaining Attorney Services
If you have been charged with lewdness or exposure of your sexual organs, hiring a skilled attorney is a must for your case as this is a sex crime. An experienced attorney will be able to put together a defense for your case that is strong and strategic. At Musca Law Firm, we can do exactly that! We offer a free, no-obligation initial consultation, and we pride ourselves on answering our phones 24 hours per day for your convenience. We serve all of Florida with offices in many cities, in order to meet your geographical needs. We look forward to hearing from you at your convenience!
RESULT: The State Attorney declined our first request for Diversion, however, we aggressively argued that the Exposure of Sexual Organs statute only banned exposing those organs in a place not “set aside for such displays.” Additionally, the Ordinance that allowed the business to exist specifically defines the business as a place where specified anatomical organs are displayed. As a result of this strategic defense strategy, the State agreed to let our clients into Diversion rather than argue a motion to determine if the business is “set aside” under the Indecent Exposure Statute. DISMISSED!