Getting arrested for indecent exposure or lewd acts carries devastating consequences beyond typical criminal charges. You risk lifetime sex offender registration, housing restrictions, employment barriers, and permanent social stigma. Whether it's a misdemeanor exposure or felony lewd exhibition involving a minor, these charges can destroy your reputation, career, and family relationships.
You need Board-Certified Criminal Trial Attorney Robert Malove—a distinction held by fewer than 5% of Florida attorneys. With over 25 years specializing in sex crime defense, he's successfully defended hundreds of indecent exposure cases across Florida. Whether this is your first offense or you're facing enhanced charges, Robert Malove and his team have over 60 years combined experience defending against sex crime allegations.
ACT QUICKLY Once you're arrested for indecent exposure or lewd acts, every hour counts. Critical deadlines begin immediately—from bond hearings to witness interviews to evidence preservation. Sex crime cases move fast, and the prosecution starts building its case against you from day one. The earlier you have experienced legal representation, the better your chances of avoiding sex offender registration and achieving a favorable outcome. Before prosecutors file enhanced charges or demand sex offender registration, contact the sex crime defense team at The Law Offices of Robert David Malove. We're ready to take on the criminal justice system and fight for your rights, your freedom, and your future—without the stigma of a sex crime conviction.
Immediate Steps After Indecent Exposure Charges
- Contact an attorney immediately - Do not discuss your case with police without legal representation from an experienced Florida criminal defense lawyer. Learn how to choose the best criminal lawyer.
- Document everything - Gather witness contact information and evidence
![man with hands cuffed behind his back]()
- Avoid social media - Do not post about your case online
- Comply with bond conditions - Follow all court orders while your case is pending. Learn about bond hearings in Florida.
- Begin building your defense - Time-sensitive evidence may be lost if not preserved quickly
(1).jpeg)
Related Reading: Understanding your constitutional rights is critical. Read about Florida's statute of limitations for sex crimes and learn about potential immigration consequences for non-citizens.
If you're also facing related charges such as battery or other sex crimes, coordinated legal defense becomes even more important.
What is Indecent Exposure in Florida?
Indecent exposure in Florida occurs when someone intentionally exposes their sexual organs in public or on private premises visible to the public in a vulgar or indecent manner, as defined by Florida Statute § 800.03. These charges fall under Florida's broader sex crimes statutes and require immediate attention from an experienced criminal defense attorney.
Key elements prosecutors must prove:
- Intentional exposure of sexual organs
- In a public place or private premises visible to public
- Done in a vulgar or indecent manner
- Witnessed by another person
Penalties for Indecent Exposure and Lascivious Exhibition
While many exposure crimes are misdemeanor offenses, indecent acts committed in the presence of children can lead to felony sex crime charges. The specific punishment for indecent exposure will depend on the facts of your case, especially who was able to view your actions.
Indecent Exposure to Victims Over 16
Under Florida Statute § 800.03, it's unlawful for a person to expose or exhibit their sexual organs in public or on private premises near to public view, in a vulgar or indecent manner, or to be naked in public except in places provided for that purpose.
Indecent exposure in Florida is a first-degree misdemeanor. If convicted, you could face the following penalties:
- Up to one year in jail
- Up to 12 months of probation
- Fines up to $1,000
- A criminal record showing the charge of Exposure of Sexual Organs
It's important to note that the law does not prosecute instances of nudity where there is no lewd or sexual intent, such as breastfeeding, public urination, and accidental clothing slips. In addition, intentional nudity is permitted in public areas designated explicitly for that purpose, such as nudist resorts or nude beaches.
Lewd or Lascivious Exhibition to Victims Under 16 in Florida
Exposing your genitals to a victim under 16 years old is charged as lewd or lascivious exhibition, a felony offense. Under Florida Statute § 800.04, it is illegal to intentionally expose one's sexual organs in a lewd or lascivious manner, intentionally masturbate, or knowingly commit other sexual acts that don't involve making physical contact with a victim.
Penalties for lewd or lascivious exhibition vary considerably for:
- Offenders under 18. If a person under 18 displays their genitals to an alleged victim under 16 years old, they could be charged with a third-degree felony. These crimes are punishable by up to 5 years in prison, fines up to $5,000, or both.
- Offenders over 18. If a person 18 years of age or older displays their genitals to an alleged victim under 16, they face a second-degree felony punishable by up to 15 years in prison, fines up to $10,000, or both. If the offender was a public employee and committed the offense through an abuse of power, privileges, duties, or position, the offender may forfeit their retirement benefits upon conviction.
Enhanced Penalties for Repeat Offenses
In 2020, Florida enacted HB 675 to make it easier to prosecute people who violate indecent exposure laws. First, it gave police officers the authority to arrest someone for indecent exposure solely on probable cause—a warrant is no longer necessary. Second, it increased the criminal penalties for repeat offenses of exposure of sexual organs, making a second or subsequent act of indecent exposure into a third-degree felony.
Convictions for sexual offenses can have effects that go far beyond a prison sentence. Once you have been convicted of lewd conduct toward a minor, your criminal record cannot be sealed, and you may have to register as a sex offender. This can make it extremely difficult to obtain housing, get a job, go to college, or travel without severe restrictions. The social stigma of being a sex offender can significantly impact your reputation, friendships, and quality of life.
Common Defenses to Indecent Exposure Charges
Lack of Intent
Accidental exposure (wardrobe malfunction, clothing slip) is not criminal under Florida law.
No Lewd or Sexual Intent
Legitimate activities like breastfeeding, public urination, or changing clothes without sexual intent are protected.
Private Property Rights
Exposure on truly private property not visible to the public may not constitute a violation.
Designated Areas
Nudity is legal in designated areas like nude beaches or naturist resorts.
Self-Defense and Stand Your Ground
In cases involving physical altercations where exposure occurred, Florida's self-defense laws may apply as a defense strategy.
Mistaken Identity
Challenging witness identification or surveillance evidence.
Constitutional Violations
Illegal searches, seizures, or Miranda rights violations can result in case dismissal. Our experienced Fort Lauderdale criminal attorneys thoroughly investigate all evidence collection procedures. Learn more about your Miranda rights in Florida and when police need warrants to search cell phones.
Long-Term Consequences Beyond Jail Time
Sex Offender Registration
Lewd or lascivious exhibition convictions involving minors require lifetime sex offender registration in Florida, with quarterly reporting requirements. This has severe implications for housing, employment, and personal freedom. Understanding Florida's sex offender registry requirements and the consequences of failing to register is crucial. In some cases, removal from the sex offender registry may be possible.
Employment Impact
- Background check failures
- Professional license restrictions
- Teaching and childcare prohibitions
- Government employment barriers
Housing Restrictions
- Residency limitations near schools and parks
- Rental application rejections
- Homeowners association restrictions
Record Sealing Limitations
Sexual offense convictions involving minors cannot be sealed or expunged in Florida, making it crucial to fight these charges aggressively from the start. Learn more about what it means to seal or expunge a criminal record and read our comprehensive expungement FAQ. For eligible cases, see our guide on qualifying for record sealing or expungement.
Frequently Asked Questions
Is urinating in public considered indecent exposure in Florida?
Public urination alone is typically not indecent exposure in Florida unless done with lewd intent or sexual gratification. It's usually charged as disorderly conduct, a second-degree misdemeanor.
Can I be arrested without a warrant for indecent exposure?
Yes, since 2020, Florida police can arrest for indecent exposure based solely on probable cause without obtaining a warrant first.
What's the difference between indecent exposure and lewd exhibition?
The victim's age is the key difference. Indecent exposure involves victims over 16 (misdemeanor), while lewd exhibition involves victims under 16 (felony).
Will I have to register as a sex offender for indecent exposure?
Sex offender registration is required for lewd or lascivious exhibition convictions involving victims under 16. Simple indecent exposure (over 16) typically does not require registration.
Can these charges be dropped or reduced?
Yes, experienced criminal defense attorneys can often negotiate reduced charges, diversion programs, or case dismissals based on evidence weaknesses or constitutional violations. In some cases, appellate review or post-conviction relief may also be available options.
Why Choose Robert Malove for Your Defense?
Getting arrested for indecent exposure has serious consequences—your reputation, career, and future are at stake. An indecent exposure conviction can result in criminal penalties, sex offender registration, and lasting damage to your personal and professional life. You need Broward County Criminal Defense Attorney Robert Malove. With over 60 years of combined experience handling thousands of criminal cases, Robert Malove and his team have the expertise to fight for your rights and protect your reputation.
- Phone: (954) 861-0384
- Available 24/7 for criminal arrests
- Free case evaluation
- Affordable payment plans available
- Over 60 years combined experience
Board-Certified Expertise
Board-certified criminal defense attorney Robert Malove has successfully defended hundreds of indecent exposure and lewd acts cases across Florida since 1995.
Proven Track Record
- Over 25 years defending sex crime cases in Florida
- Hundreds of indecent exposure cases successfully resolved
- Former prosecutor perspective provides strategic advantage
- Extensive trial experience in Florida state and federal courts
Statewide Service Areas
Serving clients throughout South Florida from offices in:
- Broward County: Fort Lauderdale, Pompano Beach, Hollywood
- Palm Beach County: West Palm Beach, Boca Raton, Palm Beach Gardens, Delray Beach, Jupiter
- Miami-Dade County: Miami Beach
- Lee County: Fort Myers, Cape Coral
- Monroe County: Key West
- Martin County: Stuart
- St. Lucie County: Fort Pierce, Port St. Lucie
- Collier County: Naples, Marco Island
- Additional Counties: Hendry County, Sarasota County
Contact Our Fort Lauderdale Criminal Lawyer for a Free Consultation
With offices in Fort Lauderdale, Fort Myers, Palm Beach County, St. Lucie County, and Key West, The Law Offices of Robert David Malove serves clients throughout Florida and in federal courts nationwide. We offer thorough case evaluation and will fight relentlessly for your rights and freedom.
|
Related Links: |
