Flashing Defense Attorney in West Palm Beach, FL Advocating for Your Rights in Indecent Exposure Cases in Palm Beach County, Broward County, Martin County, and Throughout South Florida
Flashing, skinny dipping, nude sunbathing, and any number of other seemingly innocuous lapses in judgment could leave you facing serious criminal charges. Under Florida law, indecent exposure isn’t just a minor legal matter—it’s a full-fledged sex crime. If convicted, you may find yourself facing a prison term and, depending on the situation, potentially even the requirement to register as a sex offender. With so much on the line, you need a West Palm Beach indecent exposure lawyer who understands how to craft a strong, strategic defense argument to help you minimize the impact of these charges on your future.
If you have been charged with indecent exposure, BD Law is the clear choice for legal counsel to guide you through the criminal justice process. Contact us today and find out for yourself the difference that a skilled defense attorney can make.
Charged With Indecent Exposure or Public Lewdness in West Palm Beach, FL?
Despite the parameters established under Florida law, charges of indecent exposure may be filed in matters that may seem harmless and inoffensive. As an experienced West Palm Beach indecent exposure lawyer, attorney Brandon Dinetz at BD Law realizes that seemingly small mistakes can escalate to serious legal troubles. We fight to protect the accused from facing harsh, life-changing penalties resulting from flashing, skinny dipping, streaking, and accidental exposures.
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What Is Indecent Exposure?
Generally, the offense of indecent exposure refers to a violation of Section 800.03 of Florida Statutes, which prohibits the unlawful exposure of one’s sexual organs. This means:
- Exposing or exhibiting one’s sexual organs in a “vulgar or indecent” manner in public
- Exposing one’s sexual organs in a “vulgar or indecent” manner on or near private premises where one’s genitals can be seen
- Being naked in a “vulgar or indecent manner” in public
For nudity (complete or partial) to constitute indecent exposure, it must generally involve an obscene or sexually-oriented intent on the part of the perpetrator and must cause offense to someone viewing this conduct. Violations of Section 800.03 of Florida law may also be referred to as public lewdness.
It’s worth noting that the same statute that establishes indecent exposure of sexual organs as a crime also covers specific exceptions, which include:
- Mothers breastfeeding their babies
- Merely being naked (without lewd, vulgar, or indecent intent) in a place set apart for such purpose
Indecent exposure of one’s sexual organs is generally charged as a first-degree misdemeanor. Second and subsequent violations can constitute third-degree felony offenses.
Aggravating factors, such as exposing one’s genitals in front of a person younger than 16 years old or an employee of a correctional facility, can make a charge related to indecent exposure more severe.
Under Section 800.04 of Florida Statutes, you can be charged with lewd or lascivious exhibition if you engage in any of the following conduct in the presence of an alleged victim under 16 years of age:
- Intentional masturbation
- Intentional exposure of genitals “in a lewd or lascivious manner”
- Any sexual act that does not involve actual physical contact with the victim
When the defendant accused of lewd or lascivious exhibition is 18 years or older, the offense is considered a second-degree felony. For perpetrators under age 18, lewd or lascivious exhibition constitutes a third-degree felony.
Additionally, Section 800.09 of Florida Statutes establishes the third-degree felony crime of lewd or lascivious exhibition in the presence of an employee of a correctional institution.
Penalties for Indecent Exposure Crimes
The consequences of indecent exposure charges depend on the severity of the crime. Misdemeanors are less severe criminal offenses than felonies. For both misdemeanors and felonies, there are different grades of offenses, with first-degree violations being the most serious.
In the absence of aggravating circumstances or prior offenses, violations of Section 800.03 of Florida Statutes are generally charged as first-degree misdemeanor offenses. A conviction of this offense could lead to fines of up to $1,000 and up to one year of jail time.
For felony offenses, including repeat violations, violations in the presence of minors under age 16, and lewd exhibition in the presence of an employee of a correctional institution, the penalties are more severe. A third-degree felony crime can result in up to $5,000 in fines and up to five years in prison. Second-degree felony charges of lewd or lascivious exhibition may lead to up to $10,000 in fines and up to 15 years in prison.
Depending on the circumstances of the offense, you might also be required to register as a sex offender if convicted of a crime related to indecent exposure and lewd exhibition. Mandatory sex offender registration can impact your life in numerous ways, limiting where you can live and travel and requiring regular check-ins with law enforcement. Because sex offender registries are publicly available information, this can affect your personal and professional reputation and opportunities—potentially for a lifetime.
Examples of Indecent Exposure and Public Lewdness in South Florida
At BD Law, we recognize that numerous types of situations can result in indecent exposure or public lewdness charges. Our firm routinely represents individuals charged with these offenses in situations that involve:
- Skinny dipping
- Flashing
- Nude sunbathing
- Accidental exposures
- Public or outdoor urination
- Sexual activities occurring in public places or in view of public places or of others’ private property
We defend those facing charges arising out of incidents that occur at beaches, pools, parks, and campsites. Charges can even arise out of exposures that occur in a private residence (including rented vacation homes) that are visible from the street or from others’ private property.
How BD Law Can Help as Your Flashing Defense Attorney in West Palm Beach, FL
At BD Law, we recognize that indecent exposure cases can be complicated. You deserve to have the strongest possible defense strategy on your side as you fight back against these charges.
Exploring All Possible Defenses Against Indecent Exposure Charges
Our team has successfully stood up to indecent exposure charges, securing outcomes that benefit our clients and protect them from unfairly harsh penalties. Among the potential defenses we could explore include:
- Lack of intent to be seen: An argument that may prove successful if, for example, you were unaware that you were visible to the public
- Lack of lewd intent: A strategy that may be particularly effective in cases involving outdoor or public urination, for instance
- Unintentional exposure: A defense establishing that the exposure was unintentional, such as resulting from wardrobe malfunctions or from having your clothes moved or stolen from a camp shower
- Mistaken identity: A strategy of challenging evidence and witness statements—and potentially presenting evidence that establishes an alibi—that may be effective if you weren’t the perpetrator of the indecent exposure violation
- False accusations: A strategy that casts doubt on whether the incident actually happened or, if so, whether exaggerations resulted in unwarranted criminal charges
- Insufficient evidence: A defense based on highlighting the weaknesses in the case against you and demonstrating that the prosecution’s arguments fail to establish your guilt beyond a reasonable doubt
It takes considerable knowledge of Florida law to navigate the legal system effectively and defend against charges of indecent exposure. With the benefit of having professional legal support on your side, it’s possible to achieve a more favorable outcome to the legal troubles you’re facing.
Developing Personalized Strategies for Minimizing the Impact of Indecent Exposure Charges
Our firm crafts individualized defense strategies based on the specific facts of your individual circumstances, pursuing the most promising path forward in your unique situation.
In some instances, we seek to have charges dismissed entirely or fight vigorously for clients in court, presenting the strongest possible defense arguments with the hope of securing a not-guilty verdict. In other situations, negotiating reduced charges or lighter sentences may be appropriate. We consider the strengths and weaknesses of your case and the prosecution’s case against you, as well as your priorities and concerns, and develop a plan for your defense that’s customized to your needs.
Why Choose BD Law as Your West Palm Beach Indecent Exposure Lawyer?
For a West Palm Beach indecent exposure lawyer you can count on, turn to BD Law, a firm known for the experience of a former prosecutor, tireless client advocacy, and a focus on results.
The Advantages of Having a Former Prosecutor Defending You
As a former prosecutor, Brandon Dinetz gained firsthand knowledge of how the State approaches cases like yours. He knows, both from his prior work as an Assistant State Attorney at the Palm Beach County State Attorney’s Office and his victories as a criminal defense attorney, how to successfully defend against charges involving indecent exposure and public lewdness.
Strong, Aggressive Advocacy Inside and Outside the Courtroom
If the prosecutor attempts to make an example of you with severe charges and harsh penalties, your future depends on having an advocate committed to fighting for your best interests. BD Law is here to uphold your rights, ensure you receive the full protections you’re entitled to under the law, and build the most effective case possible. We’re always willing to take cases to court when that’s what’s in our clients’ best interests, but we’re also skilled negotiators who can often secure favorable resolutions without going to trial.
A Commitment to Results That Minimize the Consequences of Legal Troubles
BD Law is a results-focused criminal defense firm. We know that your future depends on how your case proceeds, and we’re fully committed to seeking outcomes that protect you from the harshest penalties and the most severe consequences. For every case we handle, we analyze the specific facts of the situation and develop individualized strategies for achieving optimal results. Depending on the circumstances, we may be able to get charges dismissed, negotiate reduced charges or penalties, present a formidable defense argument in court, or introduce mitigating factors into sentencing proceedings.
Contact a West Palm Beach Indecent Exposure Lawyer at BD Law Today for a Free Case Review
Failing to take charges of indecent exposure seriously could result in consequences as severe as fines, jail time, a permanent criminal record, and even mandatory sex offender registration. You need to fight these charges with everything in your power, and that means retaining a dedicated criminal defense attorney right away to immediately begin building your defense.
For help from an experienced flashing defense attorney in West Palm Beach, FL, contact BD Law online or call 561-778-5213 today.