Florida Statute s.800.03 reads as follows:
It is unlawful to expose or exhibit one’s 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. Violation of this section is a misdemeanor of the first degree.
This statute creates a crime to punish individuals who behave in a sexual way in the presence of others who have not consented to such behavior. For example, if someone masturbates in a public place.
Can someone be charged with exposure of sex organs for urinating in public?
Not legally. At Mike G Law I have represented many people for urinating in public who have been charged with this crime, and not one has been convicted. The reason I win these is that there has to be some prurient or sexual overtones to the act. There is nothing sexual about urinating. Police will keep arresting people and charging them under this statute for one reason alone: they are poorly trained and do not even know the law they are paid to enforce.
If you do not know that someone can see you, can you get arrested for exposure of sex organs?
For a charge like this to stick, there must be intent. That means that it must be reasonable for someone to know that they are committing this conduct. For example, if someone is on the 50th floor of a high rise building walking around nude and there are no other building as tall and a drone stops in front of the window, I would be of the opinion that no crime had been committed even though the drone pilot may see a naked person while they are in a public place.
However, the police have the handcuffs and always prefer to arrest someone first before they look into the facts and circumstances and the law.
The phrases sex offender, child molester, or sexual predator all carry a lot of baggage. Just the accusation can ruin a successful career and destroy a family.
When an exposure of sex organs accusation is made, people ask themselves:
- Am I going to jail?
- How do I get out?
- What is the sentence for this charge?
- Can an experienced sex crimes defense attorney help me?
- How do I get my good name back?
Mike Gonzalez of Mike G Law has been defending people against allegations of sexual misconduct for over 25 years. When you call Mike G Law we will take the necessary time to discuss the case over the phone and schedule an office appointment as soon as possible. At that appointment, we will discuss the facts, possible charges, what the punishment might be and what strategy should be employed. At Mike G Law there is almost nothing we have not handled successfully over the years. Mike can call upon not only his extensive litigation career but all the experts he knows and those in decision making positions who decide what, if any, charges will be filed.