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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26840
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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One day, I was doing some substitute teaching in Florida and

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One day, I was doing some substitute teaching in Florida and fell asleep while watching the class. While I fell asleep, I had an erection and some students reported to the Assistant Principal that they could see my penis. However, my zipper was closed and my pants was pulled up. Now my erect penis is no more than 4 inches in length. Now suppose I put my hand in my pocket in order to move my penis to the side so that it wouldn’t be noticeable. Can I be charged criminally for indecent exposure if I had an erection but pants was pulled up and my zipper closed. Can I be charged with a crime if I had put my hand in my pocket and touched my penis. This is not something that regularly do.

In any case when I was called to the Principals office, I denied exposing my genitals. I was suspended from substitute teaching. My case was turned over to the public schools police. My lawyer advised my not to answer any questions and to let him do the talking. So, I did not speak to the police. The principal of the school sent me a letter saying that I required to come to a meeting with the police. I decided not to attend the meeting because I decided not to continue substitute teaching.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

Under the circumstances that you describe you could not be charged with indecent exposure. First of all nothing was exposed, secondly, your erection was involuntary rather than intentional. You were asleep.

Here's the Florida indecent exposure statute. I think you ought to be able to see for yourself that the actions you're asking about do not constitute indecent exposure.

Customer: replied 5 years ago.
Just one question one more question. If I applied to a non teaching job and a potential employer were to contact the public school police or the school district is it likely that they would tell the nature of the allegations. I was not convicted or proven guilty of anything
Expert:  Zoey_ JD replied 5 years ago.

That's a good question. And I can honestly say that I don't know. But what I am sure of is charged or convicted or not, if you didn't involve the union (or your lawyer) to cut you an honorable resignation from your position, I'd leave the school off my resume. I say that not because of the particular incident, although it sure doesn't help. But were you on the carpet just for falling asleep on duty and nothing more, you still wouldn't want to let your next job to see that reference..
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