Mark Stewart Moore of Satellite Beach Florida was arrested in May after being accused of lewd and lascivious exhibition, in a trend of beachside indecent exposures, pled guilty and was sentenced to 10 years of sex offender probation. A police officer caught him performing a lewd activity near Paradise Beach Club, according to his arrest affidavit. Moore was a suspect in previous lewd and lascivious complaints – in March 2012 a woman lying on the beach said a man committing a lewd act approached her and her daughters, ages 12 and 14. When Moore was arrested in May, detectives determined he was the man who approached the woman in March 2012.
As part of his sex offender probation, Moore will not be allowed near beaches or dune crossovers. Moore will have to wear an electronic monitoring device for the entirety of his 10 year probation sentence, having to periodically undergo polygraph tests, get treatment and is forbidden from going near children. If he violates his probation, he could be sentenced to up to 15 years in prison.
Lewd or lascivious exhibition is slightly different from Lewd or Lascivious Battery because of the essential element of touching. In order to be charged with Lewd or Lascivious exhibition, one must commit one of the following sexual acts in the presence of a child younger than 16 without actually touching the child:
– The simulation of any act involving sexual activity
– Intentional masturbation;
– Intentional exposure of the genitals in a lewd or lascivious manner
– Sexual bestiality;
– Sadomasochistic abuse
– Intentional commission of any other sexual act not involving actual physical or sexual contact with the victim
If one is over the age of 18 when charged with Lewd or Lascivious Exhibition, one is exposed to a second degree felony; however, if one is under the age of 18, one is exposed to a third degree felony.
Unfortunately, some children and even adults have creative minds and may think they see things, or hear things that would cause another to be arrested on false allegations or acts began by the minor or adult. Many times, those who are accused of improper sexual conduct around a minor are merely victims of a nasty divorce the child being made a pawn in the accusations made up by one of the parents, other members of the family, or the non-custodial parent’s new partner or spouse. Lewd and Lascivious conduct charges have serious and long-lasting consequences, making it imperative to have the best defense possible to one’s case.
Indecent exposure can also include public nudity, which can be “skinny dipping” in a public pool or, in cases like this, the ocean. For example, a young male and female get the idea to go to the beach, and while there the male decides to go skinny dipping during the day at in the ocean with others around. The male is accused of exposing himself to the public and children at the beach and is charged with indecent exposure. This could be a very humiliating situation if it were made public, especially if that person is attempting to gain employment in a workplace where such conduct is severely frowned upon. Many times, if one quickly obtains an experienced attorney, one’s attorney may be able to get the case diverted and the arrested expunged from one’s record with little to no impact on one’s employment.
One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Satellite Beach sex offender banned from Brevard’s beaches, Andrew Ford, Florida Today