Existing Florida state statute section 800.03 criminalizes the act of exposing one’s sexual organs to public view or in a public space. The “indecent exposure” law classifies the offense as lewd and lascivious behavior that can result in a first-degree misdemeanor. These charges apply even if the offender is on their own property but exposes their sexual organs in full view of the public with sexual or lascivious intent. Lewd acts on someone else’s property are also considered an offense under this law.
Updated HB 675 and SB 1018 Laws Make All Flashing Incidents Punishable
Before the enactment of HB 675, law enforcement officers needed to get a warrant before detaining or arresting any individual for indecent exposure. Police officers would have to note the offense based on a report or complaint and track down the suspect after getting a warrant. Otherwise, they were only permitted to arrest the suspect if they had witnessed the violation first-hand.
Since many people who violate this law are suffering from severe mental illness and often moving around with no fixed address, finding them again to make an arrest was exceedingly challenging. It is not uncommon for the accused to cross city or state lines and commit the same offenses in other locations. Updated laws now permit officers to arrest offenders immediately. Speedy arrests are more effective in deterring such acts and reducing the burden on law enforcement.
New Inclusions Designed to Protect Minors from Indecent Exposure
Updated laws state that indecent exposure in front of a victim aged 16 years and below is a more serious crime, punishable as a third-degree felony. Offenders will incur harsh penalties. Depending on the facts of the case, they could get added to the official sex offenders registry.
The law does differentiate between lewd acts and situations that involve nudity without this intent. Acts such as breastfeeding, accidental clothing slips, the wearing of bathing suits on the beach, or public urination are not included in the offenses punishable by this law. Intentional nudity is permitted only in public areas designated explicitly for the purpose.
Long-Term Consequences of Indecent Exhibition
Penalties for indecent exposure include imprisonment, probation, and fines. Defendants can expect long-term consequences like social stigma and difficulty getting gainful employment, renting accommodation, acquiring loans and mortgages, and working for reputable companies.
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