Indecent Exposure and Lewd or Lascivious Conduct
It is unlawful to commit an unnatural and lascivious act with another person. It is also illegal to expose sexual organs in a public place, or on the private premises of another, or on one’s own premises where it would be visible to others such as neighbors, pedestrians, or passers-by. To prove the criminal offense of Indecent Exposure or Nakedness, the State Attorney must prove beyond a reasonable doubt that the criminal suspect exposed or exhibited his or her sexual organs or was naked, that he or she did so in a public place, on the private premises of another, or so near the private premises of another as to be seen from those private premises, that the criminal suspect intended the exposure or exhibition of his or her sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner, and that the exposure or exhibition of sexual organs or nakedness was in a vulgar, indecent, lewd, or lascivious manner. Proof of mere nudity or exposure is not sufficient to sustain a conviction. As used in regard to this criminal offense the words “vulgar,” “indecent,” “lewd,” and “lascivious” mean the same thing. They mean an unlawful indulgence in lust or a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act. Acts are not vulgar, indecent, lewd, or lascivious unless such acts cause offense to one or more persons viewing those acts or unless the acts substantially intrude upon the rights of others. A “public place” is any place intended or designed to be frequented or resorted to by the public. To prove the crime of Indecent Exposure or Lewd or Lascivious Conduct before a Minor, the State Attorney must prove beyond a reasonable doubt that the victim was under the age of 16 years, that the criminal suspect made an assault upon the victim in a lewd, lascivious, or indecent manner, or handled or fondled the victim in a lewd, lascivious, or indecent manner, that the criminal suspect committed up the victim or forced or enticed the victim to commit actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, any act or conduct which simulated that sexual battery was being or would be committed on the victim, that the criminal suspect committed an act upon or with the victim in which the sexual organ of the criminal suspect or victim penetrated or had union with the anus, vagina, mouth of the other, or committed an act upon the victim in which the anus or vagina of the victim was penetrated by an object, and that the criminal suspect knowingly committed a lewd or lascivious act in the presence of the victim. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the criminal offense charged. As used in regard to this criminal offense the words “lewd,” “lascivious,” and “indecent” mean the same thing. They mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act. An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. As used in regard to this criminal offense the words “lewd” and “lascivious” mean the same thing and mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act. “In the presence of” means that the victim either saw, heard, or otherwise sensed that the act was taking place. To prove the criminal offense of Lewd or Lascivious Battery, the State Attorney must prove beyond a reasonable doubt that the victim was under the age of sixteen years, and that the criminal suspect encouraged, forced, or enticed the victim to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any act involving sexual activity. “Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. Sexual activity does not include an act done for a bona fide medical purpose. “Union” means contact. “Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself. “Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the criminal offense charged. The criminal suspect’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the criminal suspect’s bona fide belief of the victim’s age is not a defense to the criminal offense charged. If you have been arrested or criminally charged with Indecent Exposure or Lewd or Lascivious Conduct, it would be advantageous to call a criminal defense attorney to discuss your rights as the criminal suspect. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense lawyer who has been practicing since 1991 in Miami, Fort Lauderdale, Miami-Dade County, and Broward County. Criminal defense lawyers can defend you against the criminal charges of the state criminal attorney. Kenneth P. Hassett is a criminal lawyer who will work hard to battle criminal charges brought against you. Contact Hassett and Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with an Indecent Exposure Defense Lawyer in Miami, Fort Lauderdale, Miami-Dade County, or Broward County.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.