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  1. #1
    Join Date
    Feb 2020
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    2

    Default Sex Offender Registration for Peeing in a Park at Night

    My question involves criminal law for the state of: Florida

    I am 25 years old in the Orlando, Florida area. One night at about 11:00 I was walking home from a bar and I was drunk had to pee real bad. I went into a park with a playground that was completely empty and urinated into the woods. Unfortunately a cop pulled into the parking lot by the playground and saw what I was doing. I was charged with disorderly conduct, public intoxication, and indecent exposure. Iíve heard stories of people being placed on the sex offender registry for public urination and I heard Florida is very strict with sex offenses. Iím concerned that because I was near a playground, I might have to register as a sex offender. I would hate for this one night to ruin my life. If it was in the middle of the day and there were kids on the playground I wouldnít have even thought about urinating there, so hopefully I can prove that Iím clearly not a threat to the safety of children. What are the chances that I have to register as a sex offender if convicted of indecent exposure?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,257

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    Somewhere between zero and 100%

  3. #3
    Join Date
    Sep 2010
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    19,489

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    You need an attorney. Alas the Florida statute is so vague, that you might be convicted of this (other states require you to actually be seen or to commit a sexual act, in Florida, just being "naked" is sufficient).
    Yes, if you are convicted of this you will indeed be required to register as a sex offender (it matters NOT where it occurs).

  4. #4
    Join Date
    Oct 2014
    Posts
    7,729

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    Quote Quoting parkhelp
    View Post
    What are the chances that I have to register as a sex offender if convicted of indecent exposure?
    It depends on the exact statute that you were charged with violating. See the answer to the first question about who is required to register on the Florida Department of Law Enforcement (FDLE) Sex Offender FAQ page. I didn't take a look at each of the cited statutes to see if basic indecent exposure is included, but you can look there to see if the statute you were charged under is listed. I'd also highly recommend you consult a criminal defense attorney to make sure of where you stand prior to taking any plea agreement or going to trial.

  5. #5
    Join Date
    Feb 2020
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    2

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    Does it matter if there wasn’t anyone else around and do they need to prove the I intended to expose myself to someone else? I understand if it was during the day and I went to the middle of the playground and exposed myself to kids, but urinating at night when nobody is around seems to be a victimless crime, certainly not worthy of being labeled a sex offender for the rest of my life.

  6. #6
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    Read the list TM posted.

  7. #7
    Join Date
    Sep 2010
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    19,489

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    If you were charged with 800.03, then the last clause "or to be naked in public except in any place provided or set apart for that purpose" is enough to convict you. That one is not enough to require registration (sorry for my previous misstatement).

    If you were charged with 800.04, then it requires lacivious intent and be in the vicinity of minors. That one you should beat . 800.04 requires registration in many circumstnaces.

    Again, the impact on this is severe enough that you NEED an attorney.

  8. #8
    Join Date
    Mar 2013
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    17,620

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    New question from OP on same topic:

    Quote Quoting parkhelp
    View Post
    Hi there. Last month I made a forum called “sex offender registration for peeing in a park”. A lot more details have emerged in my case and I’m faced with a critical decision and I don’t want to make them public. I was charged with statute 800.04(7)(b) which is lewd and lascivious exhibition. I was charged with this because apparently I was too drunk to realize that I actually was in plain sight of a mother and her 13 year old daughter. When they saw the officer she told him what I was doing and that’s why they charged me with that. So if I am found guilty I will be facing lifetime sex offender registration. I was recently offered a plea deal that only convicts me of my other two charges which were disorderly conduct and public intoxication which carries a 6th month probation period, no prison time, and avoids sex offender registration. My lawyer recommends me to take the plea deal. I am tempted to take it because I would like to get this over with due to all of the craziness going on right now (I definitely don’t want to risk going to prison and getting infected and who know when my trial would happen at this point) but I will still have a criminal record if I take the plea deal, and I do feel there is a chance I can beat the lewd and lascivious exhibition charges because I had no intention of exposing myself to this girl. My lawyer thinks there’s a good chance that I am found guilty and I will go to prison and become a sex offender. I’m seeking an opinion of others and you had the best answers on my forum. Should I take the plea deal or not?
    Take the plea. You'd be a fool not to.

  9. #9
    Join Date
    Jul 2018
    Posts
    2,069

    Default Re: Sex Offender Registration for Peeing in a Park at Night

    The following is from the other thread that "PayrollGuy" started as a result of he OP private messaging him/her:


    Quote Quoting parkhelp
    View Post
    Hi there. Last month I made a forum called “sex offender registration for peeing in a park”. A lot more details have emerged in my case and I’m faced with a critical decision and I don’t want to make them public. I was charged with statute 800.04(7)(b) which is lewd and lascivious exhibition. I was charged with this because apparently I was too drunk to realize that I actually was in plain sight of a mother and her 13 year old daughter. When they saw the officer she told him what I was doing and that’s why they charged me with that. So if I am found guilty I will be facing lifetime sex offender registration. I was recently offered a plea deal that only convicts me of my other two charges which were disorderly conduct and public intoxication which carries a 6th month probation period, no prison time, and avoids sex offender registration. My lawyer recommends me to take the plea deal. I am tempted to take it because I would like to get this over with due to all of the craziness going on right now (I definitely don’t want to risk going to prison and getting infected and who know when my trial would happen at this point) but I will still have a criminal record if I take the plea deal, and I do feel there is a chance I can beat the lewd and lascivious exhibition charges because I had no intention of exposing myself to this girl. My lawyer thinks there’s a good chance that I am found guilty and I will go to prison and become a sex offender. I’m seeking an opinion of others and you had the best answers on my forum. Should I take the plea deal or not?
    FSA section 800.04(7)(b) simply says that a person who is 18 or older "who commits a lewd or lascivious exhibition commits a felony of the second degree." FSA section 800.04(7)(a) tells us what the crime is:
    "A person who: (1) intentionally masturbates; (2) intentionally exposes the genitals in a lewd or lascivious manner; or (3) intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim . . . in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition."

    I note that, in your original post, you wrote that you were "charged with disorderly conduct, public intoxication, and indecent exposure." So, are you changing the story, or did you get the lewd and lascivious charge in addition to those other things? In any event, it sounds like you're probably charged with violating section 800.04(a)(2), so the prosecutor will have to prove both that you exposed your genitals "in a lewd or lascivious manner" and that you did so in the presence of someone who was less than 16 years old. Since you were so drunk that you didn't realize a woman and her 13-year old child were in the park (which I have to question somewhat because a mother and a 13-year old child would not normally be in a park at 11 p.m.), it sounds like it will come down to what it means to expose genitals "in a lewd or lascivious manner." Since you were s***faced, the testimony in this regard will be completely out of your control.

    In any event, the opinions of anonymous strangers on the internet should not matter to you. Your decision affects us in no way, and we don't have access to witness statements. You need to think long and hard about your lawyer's advice and the realities of the situation and what is better for your future.

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