Sometimes, these articles answer burning questions, but not today. Questions like "why something versus nothing?" may get answered later. Today, I'm here to tell you what's happening in Florida's criminal courts. As always, I'm attempting to avoid big legal words that make some lawyers feel important, but fail to convey information in a way that can be digested by folks who haven't gone to law school.
The question for today is: What is the difference between exposing your private parts, and exposing them in a lewd way? The circumstances under which you show your private parts will determine if the case is a misdemeanor, or a felony prison sentence. This is the sort of problem that exhibitionists run into when they're caught. It seems to me that exhibitionists should simply camp out at clothing optional resorts like Paradise Lakes, but somehow, they never figure this out.
WARNING: I'm about to tell a war story--feel free to skip the next two paragraphs if you think you've heard this one before. It seems that the longer I practice criminal defense, the more war stories uncontrollably shoot out of my mouth. With the disclaimer out of the way, pack-it-up-pack-it-in-let me begin:
There's a difference between exposing your private parts for a misdemeanor, and exposing your private parts all the way to a felony lewd or lascivious exhibition conviction. I had a client years ago that had already been to prison for masturbating in front of kids under the age of 18. Sometime after his prison release, he's standing across the street from a few high school cheerleaders after their practice for the day (which he, no doubt, enjoyed watching), and he exposes his penis to the girls. The term "expose" may be an understatement, but the term will suffice for our discussion.