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  1. #1
    Join Date
    Sep 2007
    Posts
    6

    Default Indecent Exposure

    I live in Florida. I have no previous criminal history, I am currently working on a secret clearance that just needs to be adjudicated now. My career is one that any job I take requires a background check. This is a big deal to me. I am living with family members right now and have no privacy, they only time I have alone is in the car driving to and from work. The other day I was taking care of a male necessity while on the way home from work. Apparently someone must of somehow seen in my car and noticed my act. The person was luckily an adult. He or she called the police and notified them of what they had seen. About 30 minutes to an hour after this incident I was in Walmart picking up a few things when I walked out to find the police waiting for me at my car. After a lot of this and that, they finally explained to me why they were there. I explained that it was a big embarrassing mistake, the witness was unintended and that I thought I was doing this thing in privacy. The police had me fill out an affidavit and the accuser filled one out of which they submitted to the DA. I see today that it was filed as a misdemeanor crime report – indecent exposure. I am beside myself, I don’t know what to do.

    Given these circumstance what are the chances that this whole mess can be overlooked and forgotten forever?
    If I do get summoned to court whats the chances I will be charged with a first degree misdemeanor?
    Whats the chances I will have to serve jail time?
    Will I have to file as a sexual offender?
    If I do have to file as a sexual offender will it be state wide, nation wide, international?

    I haven’t been able to sleep, my stomach is in knots at all times, the whole thing has me going crazy. I hate to think that one stupid ignorant action of which had an unintentional effect could ruin my life, my career, me….

    Can anyone advise me on the questions I asked above as well as any other helpful information?

    Thank you,

    Bad Timing

  2. #2
    panther10758 Guest

    Default Re: indecent exposure

    Given these circumstance what are the chances that this whole mess can be overlooked and forgotten forever?
    We are not odds makers but I would say it isnt likely it will be left alone. the "male" act you mention I assume its masterbating? This is far mor eserious than being caught urinating on a tree

    If I do get summoned to court whats the chances I will be charged with a first degree misdemeanor?
    To my knowledge there are no pyhics on this board

    Whats the chances I will have to serve jail time?
    See prior answer

    Will I have to file as a sexual offender?
    Depends on charge

    If I do have to file as a sexual offender will it be state wide, nation wide, international?
    Depends on facts of case no one can say for sure. If you do get a summons hire an Attorney

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: indecent exposure

    I would assume it was urination; the alternative would be hard to explain, and would probably have resulted in a higher charge....

    Is this the charge?
    Quote Quoting Florida Statutes § 800.03 - Exposure of sexual organs.
    It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.
    Registration requirements are listed in Florida Statutes § 775.21, and that particular charge does not appear to require registration.

  4. #4
    panther10758 Guest

    Default Re: Indecent Exposure

    I was taking care of a male necessity while on the way home from work
    Its this line that makes me wonder

  5. #5
    Join Date
    Sep 2007
    Posts
    6

    Default Re: Indecent Exposure

    Statute 800.03 states “in a vulgar or indecent manner”. What I was doing, unfortunately was not as simple as urination. I would consider that if witnessed, this would of been considered vulgar or indecent. The only statute I could find worse than this one was one involving a minor bearing witness. Is there some statute in between that I may have overlooked? Also the crime report states misdemeanor indecent exposure. If 800.03 is what I am facing and it does not carry the requirement of registering as a sex offender at least that is one huge burden lifted as I wont have to worry about my niece being teased at school, my family being disgraced and my having to find a mate who is of less than quality moral fabric to accept such a stigma.

    I spoke with an attorney today. The attorney was surprised that I wasn’t arrested at the time of the occurrence. The police officer read me my Miranda rights, confronted me with the allegations and then asked for my side of the story. I think the officer was able to sense my honesty and concern. I seriously am a fairly modest person, I don’t even like getting naked in the gym shower much less would I want to be seen compromised in public. Anyway, after myself and the complainant filled out the affidavits I asked the officer what was next. The officer explained that he would turn the affidavits in to the DA and the DA would make a decision what to do with it. The officer stated that likely I would be summoned to appear in court.

    ----
    The attorney I spoke with was also surprised that he did not find me in the system yet since the event happened 4 days ago. The attorney stated the following;

    If the DA decided to press charges, he/she would issue a warrant and they would come arrest me.

    This could be charged as a misdemeanor or a felony given the circumstances.

    Since the officer read me my Miranda rights with only circumstantial evidence/testimony, any and all statements I made was likely void.

    He stated that the DA may decide not to press charges and drop this all together, he said he could also go to the DA and try to talk her/him out of pressing charges.

    He could have the police notify him if they intended to arrest me and could arrange for me to show up at the station.

    If charged, he could likely reduce the charges and also have a good possibility that those charges be expunged from my record after a fair amount of time per statute in the state of Florida that allows such charges to be dropped and expunged provided I don’t have any other incidents within the said allotment of time. In this event, these charges would be hidden from all entities other than the federal government (my security clearance)
    ----

    Now the questions…

    Does what this attorney said seem logical and honest?

    Does $2000 for retainer seem appropriate or extreme in this scenario?

    Would they summon me to appear in court as the officer said or would they issue a warrant and arrest me as the attorney mentioned?

    It has been 4 days since the event, whats the chances that the DA decided not to pursue this and is there anyway I can validate either way?


    Any and all information is appreciated.

    Sincerely,

    Bad Timing

  6. #6
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Indecent Exposure

    Quote Quoting panther10758
    View Post
    Its this line that makes me wonder
    I think the OP was masturbating in his car...'cause you know he couldn't get any privacy at home...

  7. #7
    panther10758 Guest

    Default Re: Indecent Exposure

    That is what I thought all along based on how he worded post

  8. #8

    Default Re: Indecent Exposure

    Your worried about a mate having low moral fabric, come on you were
    out in the public.

  9. #9
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Indecent Exposure

    I would assume that since the officer read you your rights that anything you said after that point is admissible in a court of law. If You admitted to doing a male necessity during questioning by the officer and if it was masturbation then the evidence is not circumstantial. Its admitted evidence. You did not deny it. What the prosecutor is looking at is where you did this offense and did you have a reasonable expectation of privacy when you were doing it. Were you in a wooded area and someone just happened by or were you in a walmart parking lot. That type of thing. Also when you say circumstantial evidence that would seem to mean that what the victim thought she saw is not the same as what you were doing. But you already admitted to doing a male necessity when you thought you couldn't be seen. I am not a prosecutor but I would be very surprised if you are not charged. Part of it will rest on the victims willingness to testify. For now you should be seeking out a counselor to help you find out why you choose to do this type of offense in public. Even if you are not charged, you still have a problem that may need help. And you should look into it before you start to have an offense pattern that grows in its severity and you end up on the sex offenders list or prison. Stress has been known to manifest itself in sex offenses, and you seem to have a lot of it right now. Good Luck.

  10. #10
    Join Date
    Sep 2007
    Posts
    6

    Default Re: Indecent Exposure

    Nita I appreciate your concern and input. As I stated in my intro, I am currently living with family members temporarily and havent had an iota of privacy in quite a while, the closest thing I have had to privacy is the little bit of time alone I have in my car on the way to and from work. I obviously am well aware now that this time is not as private as I had initially thought. I am in my 30's, I have never had such an issue prior and I assure you there will be no reoccurrence. I did not find it fun or exciting that someone may have seen me, I find it horrible and embarrassing. I would equate this to your mother walking in on you, its a very uncomfortable situation. As for the other reply regarding a mate and her moral fiber. I find it perfectly natural to self serve oneself. Doing so in front of people would be very unnatural and immoral. I made a single mistake that accidentally resulted in the later, it was completely unintentional. If I am made to register as an offender there would be no differentiation between an isolated incident and a intentional pervert. I am an artist, a musician, a chef, an outdoorsman and a career oriented highly educated individual, what I am not is a pervert. I have served our country and I am supposed to return to serve out country in the very near future, that wont happen if I am made to be a criminal. I have no criminal record, I am a good neighbor, a good friend and a good citizen overall. My fear is that people will do just as you have and make a huge assumption based on a 5 minute mistake in my life.

    I agree that I should have some consequence to this whether accidental or not but I think ruining my life is a bit on the extreme side given the circumstances.

    Bad Timing

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