In the state of Florida, accusations of indecent exposure are taken particularly seriously, in part due to the fact that ours is a tourism state with a wide array of beaches, theme parks, and other types of entertainment venues. When lewd or lascivious behavior occurs in areas where individuals younger than 16 are present, this crime can be become even more serious. While lewd or lascivious behavior typically encompasses exposure of a person's private areas or genitalia, this behavior can also result in battery, molestation, or other unlawful sexual conduct. At Adams, Luka, & Benton, our Orlando sex crime defense lawyers work vigorously to protect our clients' legal rights and freedom, developing a solid defense in order to reach good results. If you have been arrested or charged with indecent exposure, we urge you to contact our office immediately, as you could be facing loss of your freedom and other harsh punishment.
There are several behaviors which may be committed in the presence of someone younger than 16 which may result in criminal charges. These include:
Adults are not the only ones who may be charged with lewd or lascivious exhibition - minors may be perpetrators as well.
When you are accused of exposing your genitalia either in a public or private place or committing lewd behavior, it not only puts you at risk of harsh criminal penalties if found guilty, it also affects how the public perceives you, as crimes of this nature typically become public knowledge. This may ruin you career, and ever family relationships. It is vital that you take quick action in order to mitigate the damage to your life.
Defenses to Charges of Lewd or Lascivious Exhibition in FloridaWhile there are a variety of effective defense strategies which may be used by an Orlando lewd or lascivious exhibition lawyer in defendant against these charges, those most commonly used include:
False allegation - often times, children are manipulated into making false allegations by the other parent in the case of divorce, out of jealousy or anger, or by a parent or other person who is mentally ill.
Lack of lewd intent - if it can be proven by the defense that the exposure of the act to a child was not intentional, the defendant may be found not guilty.
Certain defenses are prohibited, or in other words may not be used in defense of indecent exposure. These include consent by the child, ignorance of the child's age, and proximity in age. However, proximity in age may be used in some cases as a mitigating circumstance, which may result in a reduced sentence (downward departure from the state's sentencing guidelines.)
Criminal Penalties for Indecent Exposure in Orlando & Central FloridaThe penalties for those found guilty of indecent exposure in Orlando and throughout central Florida are extremely harsh. A first time offender may face a maximum of 15 years in prison if found guilty of lewd or lascivious exhibition involving someone younger than 16 years of age.
Repeat offenders or individuals with prior criminal convictions may face penalties that are even harsher.
Contact Adams, Luka, & Benton NowWhile indecent exposure may not seem like a serious offense, it is punished very harshly as indicated above. Fifteen years is a substantial amount of time to spend behind bars, and every aspect of your life will be changed forever. If you have been wrongfully accused, it is critical that you obtain the legal support and guidance of a skilled Orlando sex crimes attorney who will work vigorously to clear your name and protect your freedom. Contact Adams, Luka, & Benton now for a free consultation at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.