Parking-Lot Sex at Winn-Dixie: What the Florida Case Would Look Like Under Oklahoma Law
The Smoking Gun recently covered a Florida story about Sharon Czaplinsky. She was accused of a public sex act in a Winn-Dixie parking lot. Prosecutors charged her and her partner with indecent exposure, disorderly intoxication, and an “unnatural and lascivious act.” The case comes just months after a similar incident involving her behind a Tom Thumb gas station. If that same fact pattern happened in Oklahoma, you’d be looking at very real indecent exposure, public intoxication, and disorderly conduct problems.
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What actually happened in the Winn-Dixie case
According to the Smoking Gun report, a 911 caller told deputies there were “people having sex” in a Winn-Dixie parking lot in Marathon in the Florida Keys. When a Monroe County deputy arrived, he stated that he found three people lying in the parking lot around midday. Czaplinsky was reportedly on her back with her pants down, while Marshall Lowery, age 43, was on top of her and facing the opposite direction with his head near her vaginal area.
The deputy claimed that as he approached, Lowery pulled Czaplinsky’s pants farther down from the middle while she pulled them down from the sides, exposing her genitals to the public. The article says both were drunk. At the same time, a third man, Michael Howard, age 59, allegedly lay next to them with an erect, uncovered penis sticking out of his shorts. All three were charged with misdemeanors, including indecent exposure and disorderly intoxication.
The earlier Tom Thumb gas station incident
The Smoking Gun also points out that this isn’t Czaplinsky’s first public-sex case. In late August 2025, a patrolman responded to reports of a couple engaged in oral sex in the car wash area of a Tom Thumb gas station in Marathon. When the officer arrived, he described Czaplinsky as pants-free, with a man positioned between her legs performing oral sex. Officers reported several beer cans and a vodka bottle at the scene and noted that both people were highly intoxicated.
In that earlier case, both Czaplinsky and the male partner reportedly admitted they should not have been having sex in public and said they were homeless and had nowhere else to go. They later pleaded no contest to disorderly conduct and were adjudged guilty. Czaplinsky received probation, while the man got credit for time served. That background matters, because Oklahoma prosecutors and judges pay attention to prior conduct and probation status when they decide what to file and how to sentence you.
How a Winn-Dixie style case would be charged in Oklahoma
Florida uses terms like “unnatural and lascivious act.” Oklahoma doesn’t use that phrasing anymore for consensual adult sex, especially after U.S. Supreme Court decisions about private sexual conduct. However, Oklahoma still has powerful tools when behavior moves out of the bedroom and into a parking lot where other people can see you.
Indecent Exposure
The closest Oklahoma match is indecent exposure under 21 O.S. § 1021. In plain terms, prosecutors try to prove that you willfully and lewdly exposed your person or genitals in a public place or in the presence of others who could be offended. Oklahoma’s uniform jury instructions for indecent exposure focus on willful conduct, a lewd or sexual component, and exposure where someone else could reasonably see it.
If you copy and paste the Winn-Dixie facts into Oklahoma, the State would argue that a grocery store parking lot around noon is very much a public place. They’d also point to the deputies’ description of Czaplinsky pulling her pants down, Lowery’s head near her vagina, and Howard’s exposed penis. So, they would likely claim that all three defendants either exposed themselves or were actively involved in a lewd sex act in public.
Public Intoxication
Florida filed disorderly intoxication counts. In Oklahoma, that role is usually filled by public intoxication under 37A O.S. § 6-101. The State doesn’t need a breath test for this. Instead, officers testify about odor of alcohol, slurred speech, balance problems, confusion, and how you acted. If a deputy in Oklahoma found you lying in a parking lot surrounded by alcohol containers and engaging in public sex, you can expect a public-intox count to appear next to any indecent exposure charge.
Disorderly conduct and breach of peace
The prior Tom Thumb case ended with Florida disorderly conduct convictions. Oklahoma has similar tools. Statutes like 21 O.S. § 1362 and 21 O.S. § 1363 cover disturbing the peace through loud noise, obscene or abusive language, fighting, or conduct that tends to provoke a breach of the peace. In a Winn-Dixie parking lot case, a prosecutor might add these counts if customers complained, if there was shouting, or if the behavior disrupted the business’s operations.
Outraging public decency
Oklahoma also has a catch-all misdemeanor called outraging public decency under 21 O.S. § 22. It applies when conduct openly outrages public decency or grossly disturbs public peace and morals. If prosecutors believe the evidence for indecent exposure is thin but the behavior still shocked bystanders, they might fall back on this statute. You’d then have to litigate how outrageous the conduct truly was and whether the State is stretching the law.
Why prior incidents matter differently in Oklahoma
In Florida, Czaplinsky’s Tom Thumb case ended in a disorderly conduct conviction and probation. If that sequence happened in Oklahoma, you’d face extra risks. First, a new indecent exposure or public-intox case filed while you’re still on probation can trigger an application to accelerate or revoke that probation. Second, prosecutors routinely use the prior case to argue for higher bonds and tougher plea offers on the new one.
These decisions play out in Oklahoma’s county district courts. You can learn more about that system on our page about Oklahoma state court criminal defense in county district courts. Because prior convictions and probation status can reshape your options, it’s important to address both the new case and any old case that might be awakened by fresh charges.
Privacy expectations, probable cause, and search issues
The overall theme of the Winn-Dixie report is that there was very little privacy. In an open, visible parking lot, you usually have almost no expectation of privacy in what other people can see from public areas. So, in Oklahoma, officers usually don’t need a warrant to walk up, observe what is in plain view, and detain you briefly while they investigate. That said, probable cause still matters, and the State has to justify every step beyond simple observation.
Oklahoma suppression fights often focus on what officers did after the initial approach. For example, searches of your bag, car, or phone can raise Fourth Amendment questions if officers went beyond what was justified by the facts. You can also challenge statements if you were effectively under arrest but not properly advised of your rights before questioning. Even in a public indecency case, smart suppression motions can shrink the prosecution’s evidence.
What if children had seen this in Oklahoma?
The Winn-Dixie and Tom Thumb reports focus on adults. However, Oklahoma law gets much harsher if children are involved or nearby. If a similar parking-lot sex act happens where minors can clearly see what’s going on, prosecutors may explore charges that qualify as crimes affecting children. Those cases carry extra stigma and can affect your record for years. You can read more about that area of law on our page about defending crimes affecting children in Oklahoma.
Key Oklahoma legal terms
Probable cause: A reasonable belief, based on facts and circumstances, that you committed a crime. Because it is a lower standard than proof at trial, bodycam and witness details often decide this fight.
Public place: A location open to the general public, such as a parking lot, sidewalk, or store entrance. In Oklahoma, visibility and access usually matter more than property ownership labels.
Lewd manner: Conduct done with a sexual purpose or that is clearly sexual in nature, rather than accidental exposure. The State still has to prove that lewd intent beyond a reasonable doubt.
Suppression: A court order that keeps illegally obtained evidence out of your trial. For example, an unlawful search of your car or bag may lead to suppression of what officers found.
Deferred sentence: An outcome where the judge delays entering a conviction while you complete probation-like conditions. If you succeed, the case can be dismissed, although charges involving sex or children may limit that option.
Oklahoma statutes discussed
- 21 O.S. § 1021 – Indecent exposure and related lewd conduct in public or in the presence of others.
- 37A O.S. § 6-101 – Public intoxication and alcohol-related misconduct.
- 21 O.S. § 1362 – Disturbing the peace through loud noises, obscene or abusive language, and similar conduct.
- 21 O.S. § 1363 – Use of insulting or fighting words likely to provoke a breach of the peace.
- 21 O.S. § 22 – Outraging public decency, a catch-all misdemeanor for conduct that grossly offends public morals.
FAQs
Is public sex always a felony in Oklahoma?
No. In Oklahoma, public sex cases are often charged as misdemeanors like indecent exposure, public intoxication, or outraging public decency. However, the facts can push a case into felony territory if children are involved or if other serious charges are stacked on top.
What does Oklahoma have to prove for indecent exposure?
Oklahoma prosecutors usually have to show that you willfully and lewdly exposed your person or genitals in a public place or around others who could be offended. So, your defense often centers on visibility, intent, and whether the scene really happened the way police describe it.
How do police prove public intoxication in Oklahoma?
Officers in Oklahoma rely on observations like odor of alcohol, slurred speech, balance problems, confusion, and admissions. Because those signs can have medical or non-alcohol explanations, bodycam, witness accounts, and your health history can become crucial parts of your defense.
Do you have any privacy in an Oklahoma parking lot during a public indecency investigation?
Usually not much. An Oklahoma parking lot is typically a public place, so officers and other people can lawfully see what is in plain view. Still, there are limits on searching your car, bag, or phone, and you can challenge those searches if officers went too far.
How does a prior public indecency conviction affect a new Oklahoma case?
A prior conviction or probation for similar conduct can hurt you in Oklahoma. Prosecutors may seek higher bonds, tougher plea deals, or enhanced sentences, and judges may have less patience. Because of that, it is important to defend both the new charge and any probation cases that might be reopened.
This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated December 20, 2025. Consult the statutes listed above for the most up-to-date law.
