MULBERRY, Fla., July 10 — The arrest of a man on indecent exposure charges at a local Walmart has thrust Florida’s tiered sex-crime statutes into the spotlight, with the specific charges carrying penalties that range from a year in jail to more than a decade in prison depending on the legal classification of the offense. David Hicks was taken into custody on July 10, 2026, by Mulberry police following an incident on July 6, 2026, at the store.
He faces three charges under Florida law: indecent exposure, lewd exhibition, and exposure of sexual organs. The incident reportedly occurred in the presence of a 5-year-old girl, a detail that strategically shifts the legal calculus of the case.
Under Florida Statute 800.03, indecent exposure is classified as a first-degree misdemeanor. The maximum penalty for that charge is up to one year in jail and a $1,000 fine. On its own, this charge represents a relatively contained legal exposure for the defendant.
The felony threshold
But the second charge — lewd exhibition under Florida Statute 800.04 — changes the stakes entirely. That statute carries felony-level penalties when a minor is involved, including the possibility of up to 15 years in prison. What this signals is a prosecution strategy that could hinge on whether the state can prove the lewd-exhibition element of the alleged conduct occurred in the presence of the child.
The broader stakes for Hicks are clear: the difference between a misdemeanor with a modest fine and a felony conviction that could result in a lengthy prison sentence. The presence of the 5-year-old girl is the single factor that transforms the legal exposure from a relatively minor infraction into a potential major felony case.
Legal landscape
Florida’s indecent exposure laws have historically been a subject of debate among legal analysts, particularly regarding how they interact with more serious lewd-conduct statutes. The state’s approach creates a sliding scale of penalties that prosecutors can use to calibrate charges based on the circumstances of each case. For Hicks, the arrest on July 10, 2026, means he now enters a criminal justice process where the specific facts of the July 6, 2026, incident at the Walmart in Mulberry, Florida, will determine which charges stick.
The Mulberry Police Department has not released additional details about the incident beyond the charges filed. What to watch next is whether the state pursues the lewd exhibition charge as a felony, which would require proving the minor’s presence and the lewd nature of the alleged act.
The defense calculus will likely center on challenging the factual basis for the more serious charge while potentially seeking a plea on the misdemeanor count. The case now moves to the Polk County court system for initial proceedings.
