Under Florida law, public indecency generally involves exposing oneself in a public place in a vulgar or indecent manner. Actions such as urinating in public, engaging in sexual acts, or flashing are typically considered public indecency. If you are facing these charges, a firm understanding of the penalties you may face and the legal strategies that can be employed to defend against these charges will provide you with the best chance of a dismissal.
Penalties for Public Indecency
Various penalties exist for this crime, depending on whether it is considered a misdemeanor or felony.
Misdemeanor Charges
Public indecency charges can be either a first-degree or second-degree misdemeanor, depending on the circumstances of the act. Factors such as the location, time of day, presence of minors, and the nature of the act can influence the severity of the charges.
For a second-degree misdemeanor, penalties may include:
- Fines up to $500
- Jail time up to 60 days
- Community service requirements
- Mandatory attendance at a behavior modification program
For a first-degree misdemeanor, penalties may be more severe, including:
- Fines up to $1,000
- Jail time up to one year
- Probation periods
- Required counseling sessions
Felony Charges
In certain situations, public indecency may result in a felony charge. Factors that may contribute to this include repeated offenses, minors’ involvement, or the act’s severity. Additional considerations might consist of whether the act was committed in a public place where children go or if it involved any form of coercion or violence.
Felony convictions carry harsher penalties, such as:
- Fines up to $5,000
- Imprisonment, which can range from a period of one year to five years
- Long-term probation
- Lifetime registration as a sex offender
- Restrictions on future employment and housing opportunities
Possible Defenses for Public Indecency
Several defenses exist if you are facing charges for public indecency.
Lack of Intent
One possible defense is to argue that the act was not intentional. Providing evidence that the exposure was accidental can help reduce the charges or lead to their dismissal. Gathering witnesses or physical evidence that supports the claim of unintentional exposure can strengthen this defense. For example, if you were changing clothes in what you believed to be a private space and were seen by someone in the area, documenting this scenario and any supporting details can be crucial.
Mistaken Identity
Another defense is mistaken identity. If you can prove that you were not the person involved in the act, the charges against you may be dismissed. Providing alibis and witness testimony that confirm your whereabouts during the incident can help disprove your involvement. Presenting video footage or time-stamped photos that place you elsewhere can demonstrate that you were somewhere else at the time.
First Amendment Protections
In some cases, actions may be protected under the First Amendment’s freedom of expression clause. Arguing that the act was a form of protected speech can serve as a defense.
Challenging the Vagueness of the Law
Another constitutional defense involves challenging the vagueness of the public indecency law. If the law is not clear about what constitutes public indecency, you may be able to argue that it is unenforceable.
Insufficient Evidence
Questioning the reliability and sufficiency of the evidence presented against you can be an effective defense. Showing inconsistencies in the prosecution’s case or witness statements can weaken the case against you and support your defense.
Entrapment
If you can show that law enforcement induced the act, the defense of entrapment may apply. You must show that you were coerced or pressured into committing the act by law enforcement. This defense requires demonstrating that you would not have engaged in the behavior absent the actions of law enforcement.
Contact Our Team Today
If you are facing charges of public indecency, seeking legal advice is essential. Contact our criminal defense lawyers at The Sombathy Law Firm today to discuss your case and explore your options. With the right legal strategy, reducing or dismissing the charges against you may be possible.
