Legal Question in Criminal Law in Florida

Neighbor harrassing

A neighbor was harassing my wife while my wife was near her property by constantly snapping pictures. My wife forgot that she had removed her swimsuit and did not have it on under her clothing. She pulled her top up to about half way her breasts when she reallized she did not have a swimsuit or bra on. They got her pic and called the police. He came out and talked to us and said he would write that it was unintentional. She has now showed the pic to many male neighbors and told one the filed charges with the state attorney. (1) Can we do anything regarding her showing the pic?

(2) Should we get an attorney or wait on the contact from the state attorney office?


Asked on 8/07/07, 8:45 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Neighbor harrassing

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Obviously, there appears to be much more to this situation than you explained. Nobody "forgets" that they do not have their bathing suit on under their clothing. Regardless, it is not against the law to go topless in Florida. Topless bathing is very common on many of the beaches in South Florida and nude bathing is allowed in some places. I do not think the State Attorney's office will file any charges unless there are more facts that you have not revealed. Nudity by itself is not considered to be lewd or lacivious conduct in Florida.

Scott R. Jay, Esq.

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Answered on 8/07/07, 10:44 pm


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