Exposure of Sexual Organs

Exposure of sexual organs: s. 800.03

Exposing one’s sexual organs (the parts of the body that are involved in sexual reproduction; genitalia) can, in certain instances, lead to arrest and conviction. The experienced Palm Beach and Broward County criminal defense lawyers at the Law Offices of Leifert & Leifert defend criminal cases of all types; as such, we routinely, successfully defend individuals charged with exposing their sexual violations, an offense defined by s. 800.03 of the Florida State Statutes, as shown below:

800.03 Exposure of sexual organs.--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, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.

The law maintains that you can be charged with and convicted of a first-degree misdemeanor if you are found to have vulgarly or indecently exposed your sexual organs in public, in someone else’s private premises, or so close to such a place that the exposure of the sexual organs can be seen from the private premises. In theory, if a window in your home offers a clear view of a window in a neighbor’s home, and you are naked in your own home but your neighbor can see you, you can be charged with exposure of sexual organs as defined by s. 800.03. The Palm Beach and Broward County criminal defense attorneys at Leifert & Leifert know the strategies that prosecutors use because, as former prosecutors, we used to handle these cases; as such, with our legal team defending you, we can mount a legal defense geared at defending you with expert, inside knowledge.

If convicted of improperly exposing one’s sexual organs as described above, the individual will be punished for the crime of a first-degree misdemeanor as provided in s. 775.082. According to 775.082, a first-degree misdemeanor is punishable by a definite prison sentence not exceeding 1 year. Florida Statute s. 775.083, however, adds another nuance to the punishment equation. This subsection allows for a fine to be imposed in addition to the penalty detailed in s. 775.082. Additionally, s. 775.083 also notes that, statutes permitting, someone convicted of a crime may be sentenced to pay a fine in lieu of serving prison time. Essentially, a first-degree misdemeanor conviction stemming from a violation of s. 800.03 can yield either a 1-year (maximum) prison sentence or a $1,000 fine, or both.

If you have been arrested for or charged with exposing your sexual organs in Palm Beach, Broward or Miami-Dade County, please contact the criminal defense attorneys at Leifert & Leifert. For a free consultation and to see how we can help you avoid prison time and fines, call us at 1-888-5-DEFEND (1-888-533-3363).

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