Cited for indecent exposure!
Hey all, as you might have seen from a couple of posts I made recently, I've been exploring SW florida and looking for places to safely hike nude. A few days ago I pulled into a national preserve that is in the middle of nowhere and very infrequently visited. I was already nude in the car when I pulled up, and there were no other cars in the lot, no people present, and nobody attending the property. So I got out of the car nude to look at the trail map. I happened to look up and noticed a trail cam pointed right at me, so I immediately turned around, got back in my car, and put on my shorts. I guess it was pretty stupid of me not to consider that there would be abundant trail cams, but I did nothing offensive and immediately covered up when I realized.
3 days later I received a call from a conservation officer who had pulled my license plate off the camera, found my contact info, and was issuing me an indecent exposure citation. He repeatedly said that the law stated that nudity on federal land is strictly prohibited, and despite my pleas he refused to give me a break. I haven't received the ticket in the mail yet, so I don't know how much the fine is, but I really don't want to pay this, nor do I want indecent exposure on my record when that was clearly not the case!
In my research I have found no example of this law, most everything I read says the laws are very vague and there has to be lewd or sexual behavior/intent, or that the individual refuses to cover up in front of other people in order for this to be an offense.
I welcome any advice here. While I'm most likely just going to pay this ticket since I can't imagine the embarrassment of standing in a full court room to defend this, I'd really like to know if I have any other options.
Thanks everyone, be safe!
I hope you seek legal advice. Just a thought: One of the state's nudist organizations (e.g. Central Florida Naturists) or the NAC (the Naturist Action Committee) might be able to refer you to a lawyer with some experience defending naturists. Good luck!
Thank you bair and Ursa, I appreciate the advice. Here's the code on the ticket, as stated on the code of federal regulations website:
27.83 Indecency and disorderly conduct.
Any act of indecency or disorderly conduct as defined by State or local laws is prohibited on any national wildlife refuge.
This is on a US District Court violation notice, and it was a federal officer.
I would very much like to fight this, especially since it is a $500 fine, but there are two problems. First, I can't afford a lawyer for something like this right now. Second, I live in Florida. Florida is one of the very few states in which all records are public. According to the officer, if I pay the fine it will be done and this will never even reach the state, which means there will be no public record of it. If I fight it, it gets handed over to state courts and would be published with my name and all info.
The lowlife tabloid type media prey on this kind of stuff and I'm 100% sure that simply having the word "nude" on a violation would be enough to throw up a red flag somewhere. The last thing I need is for it to go viral, with my name, that I was caught on camera naked in a wildlife refuge. So basically, I'm screwed and it's gonna cost me $500. Nobody to blame but myself, expensive lesson learned: ALWAYS scope out the area before going nude!
This sucks, now I'm going to be super paranoid everywhere I go!
I feel badly about your situation. I'm not sure how much a consultation with an attorney would cost but it would be money well spent. The officer offering advice on pleading to the charge to make it go away is concerning to me. You have no way of knowing if he does not agree with his agency's policy to charge people under these circumstances and is genuinely sympathetic with your situation, or if he's just a jerk that would get perverse satisfaction making things worse for you. The good news is that since the maximum fine is $500 this charge is only a violation and not a misdemeanor. The Florida Sex Offender Registration law uses the language "Intentionally exposing the genitals in a lewd or lascivious manner in the presence of another person", so that should not be a potential consequence if you are convicted under this federal statute. You don't have to make a decision right away. The date to appear on the summons is not for a trial. At the first appearance you'll be asked if you understand the charges and how you want to plead. If you plead Not Guilty it does not mean you have to go to trial. That would give you more time to try to see an attorney and you can always change your plea later. One of the other posts mentions trying to get support from the AANR or one of the Florida naturist organizations. There's no way of knowing if you can get help unless you ask. All that involves is some phone calls and and time on your part. It might be worth the effort. If you can't get help from a lawyer you could always represent yourself at a trial. That's something you NEVER want to do in a criminal matter but people do it all the time when charged with a violation, like traffic tickets. The worst thing that could happen if you loose is you pay the $500 fine. You may be able to argue that your conduct did not violate the Florida law, so the Federal Stature does not apply. Take a look at the link below for a better explanation. I'm out of ideas right now but if I think of anything else I'll post it. Good luck, find a way to see a lawyer.
https://www.thehoffmanfirm.net/criminal-defense/sex-crimes/indecent-exposure/
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