Sex (crimes) and the City
Written by Moses & Rooth Attorneys at Law on August 17, 2016
You worked hard all day. All you want to do is get home. You get on the subway. You think “must be my lucky day, I even get a seat”. The train starts and right across from you is a guy masturbating. Such is the scene for Deana Carter. Well Ms. Carter did not take too kindly to the actions of this guy and decided to video him while she berates him. WARNING: graphic language.
While gross and inappropriate, this conduct is also clearly against the law. So if this subway salami slapper is caught, and it’s likely that he will be considering this video has gone viral with almost two million views, what potential charges is he looking at?
First the obvious, exposure of sexual organ. Florida Statute 800.03 states:
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.
If this person is convicted of exposure of sexual organ he can be sentenced up to a year in jail or probation and a $1000.00 fine. A conviction under this statute would NOT designate the guy as a sex offender.
Another charge that this guy could face is Lewd or Lascivious Exhibition. Florida Statute 800.04 states:
A person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner, in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition. If the person is over the age of 18 then the offender commits a second degree felony. If the person is under the age of 18 then the offender commits a third degree felony.
If this guy is convicted of lewd or lascivious exhibition he could be looking at 15 years in prison or probation and a $10,000. Additionally, a conviction under this statute would designate him a sex offender.
So what can we learn from this? First, Deanna Carter is a bad ass. Second, the guy sitting next to the masturbator didn’t seem to mind or care what was going on. Third, this type of conduct can have serious repercussions ranging from incarceration to being designated a sex offender for life.