Indecent Exposure Attorney in Jacksonville

Protecting Your Rights & Reputation in Jacksonville

Facing an indecent exposure charge can be overwhelming, but at Law Office of Russell B. McCormick, PA, we offer reliable support and guidance through this challenging process. Our team, led by a former prosecutor, provides a distinct strategic advantage in building strong defenses. 

We are committed to mitigating the impacts of criminal accusations on your life, helping you navigate the legal landscape with confidence. Understanding the nuances of local laws and prosecution tendencies in Jacksonville allows us to better prepare you for what’s ahead, offering assurance and clarity at every step.

Facing an indecent exposure charge? We are former prosecutors offering affordable, bilingual, and 24/7 services. Call (904) 353-0436 or contact us online for a free consultation with an indecent exposure lawyer in Jacksonville today.

Understanding Indecent Exposure Laws in Florida

In Florida, the crime of indecent exposure is legally defined as "unlawful exposure of sexual organs" and is primarily governed by Florida Statutes § 800.03. 

The law states that a person commits this offense by:

• Exposing or exhibiting their sexual organs in a public place 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
• Being naked in public in a vulgar or indecent manner.

Key Elements the Prosecution Must Prove

To secure a conviction for indecent exposure, the prosecution must prove several key elements beyond a reasonable doubt:

• Exposure of Sexual Organs: The state must prove that you exposed your sexual organs.
• In a Public Place or Visible from One: The state must prove that the exposure occurred in a public place or was visible from a public place or the private premises of another.
• Lewd or Lascivious Intent: This is the most crucial element. The state must prove that the exposure was done in a "vulgar or indecent" manner, which courts have defined as having an "unlawful indulgence in lust." This is a significant distinction from accidental exposure or mere nudity.

The prosecution's case often relies on the testimony of the alleged victim and other witnesses. As a seasoned Jacksonville indecent exposure attorney, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Degrees of an Indecent Exposure Offense

Florida law classifies indecent exposure as a misdemeanor for a first offense. However, the charge can be elevated to a felony under certain circumstances, which significantly increases the potential penalties.

• First-Degree Misdemeanor: This is the most common charge for a first-time offense. A conviction can result in a jail sentence of up to one year and a fine of up to $1,000.
• Third-Degree Felony: This is a more serious felony. A conviction for a second or subsequent violation of the indecent exposure statute is automatically elevated to a third-degree felony, punishable by a prison sentence of up to five years and a fine of up to $5,000.
• Lewd and Lascivious Acts in the Presence of a Minor: If the indecent exposure occurs in the presence of a child under the age of 16, the charge can be elevated to a felony, such as lewd and lascivious acts, which is punishable by a lengthy prison sentence and mandatory sex offender registration. This is a crucial distinction that a knowledgeable indecent exposure lawyer in Jacksonville will take on with the utmost seriousness.