Motion to Dismiss Granted on Sexual Exposure Case

Defendant was allegedly masturbating in a peep show booth at an adult bookstore in Brevard County. Brevard County Sheriff’s Deputy arrested the Defendant and charged him with exposure of sexual organs. We filed a motion to dismiss alleging among other things that Defendant was entitled to an expectation of privacy in his peep booth and that the defendant was not engaged in a violation of Florida Statute § 800.03. The County judge agreed and found that the defendant had an expectation of privacy in the peep booth at the adult bookstore and granted an order dismissing the case.

This particular sexual exposure case is fairly cut and dry because of the implications of the location, but what about a situation of implicit exposure in a very inappropriate area, such as a public place or a park with children? Situations like these are far more serious and often takes the manpower of an experienced law firm that has handled numerous sexual offense cases. Even in these situations, it can be hard to convince a jury to look at another side of the story, even if there is a legitimate one that should be heard before determining a final verdict.

Verification Number: 05-2009-MM-063269

Penalties for Indecent Exposure in Florida

Sexual or indecent exposure is a crime in all American states, but the penalties vary depending on the jurisdiction of which the crime is committed and the presence of any aggravating factors. The elements of indecent exposure are as follows:

  • The accused exposed his or her sexual organs
  • The accused intended  exposure in a crude, lascivious, indecent, or vulgar manner
  • The accused  exposed him or herself in a crude, lascivious, indecent, or vulgar manner
  • The accused was in a public place, on another’s personal property, or nearby another’s private property as to be seen from there

Indecent exposure is a first-degree misdemeanor in Florida. A conviction for the charge may result in:

  • 1 year of imprisonment and/or
  • a fine of up to $1,000
  • Possible mandatory sex registration

If Defendant is an adult (over 18) and exposes him or herself in a lewd manner or masturbates in front of an individual under 16, charges can increase to a second-degree felony. In such instances, the individual would face up to 15 years in prison and/or up to $10,000 in fines. If Defendant is under 18, he or she may face up to 5 years in prison and/or up to $5,000 in fines.

Sexual exposure charges are serious and should be addressed immediately.  The Orlando sex crime lawyers at The Umansky Law Firm can provide your case with the legal attention it requires.  Contact us today at 407-228-3838 for a free case evaluation.