Lewd And Lascivious Offenses In Florida
Orlando Lewd And Lascivious Defense Lawyer
The lewd and lascivious crimes in Florida cover consensual contact with children up to 16 years of age. There are several different crimes included in the lewd and lascivious category but all are very serious and carry with them mandatory sex offender registration, sex offender probation, and even without jail, call for restrictions on a person's liberty such as where they can live, when and where they can travel, etc. Below are the various lewd and lascivious crimes, their definitions and their penalties.
Lewd or Lascivious Battery
The most common way a person can commit a lewd or lascivious battery is when they engage in sexual activity with a person 12 years or older but less than 16 years old. Sexual activity includes oral, anal, or vaginal penetration by, or union with, the sexual organ of another. It also includes the anal or vaginal penetration of another by any other object.
Somebody convicted of Lewd or Lascivious Battery is guilty of a second degree felony, unless they have a prior conviction for a sex offense, wherein they would be guilty of a first degree felony. The penalties for the varying degrees of felonies are listed below.
Lewd or Lascivious Molestation
Lewd or lascivious molestation is defined as a lewd or lascivious touching of the breasts, genitals, genital area, or buttocks, or the clothing covering them of a person under the age of 16.Types of Lewd or Lascivious Molestation Offenses
- Lewd or lascivious Molestation in the Third Degree Felony: when the accused is under the age of 18 and the victim is 12 or older but under the age of 16.
- Lewd or lascivious Molestation in the Second Degree Felony: When: the accused is over the age of 18 and the victim is 12 or older but under the age of 16, OR the accused is under the age of 18 and the victim is under the age of 12.
- Lewd or lascivious Molestation in the First Degree Felony: When the accused is 18 or older and the victim is 12 or older but under the age of 16 AND the accused has a prior sex offense.
- Lewd or lascivious Molestation as a life felony: When the accused is 18 or older and the victim is under the age of 12.
Lewd or Lascivious Conduct
Lewd or lascivious conduct occurs when someone intentionally touches a person under the age of 16 in a lewd or lascivious manner.Types of Lewd or Lascivious Conduct Offenses
- Lewd or lascivious Conduct in the Third Degree Felony: When the accused is under the age of 18
- Lewd or lascivious Conduct in the Second Degree Felony: When: the accused is over the age of 18
Lewd or Lascivious Exhibition
Types of Lewd or Lascivious Exhibition Offenses
- Lewd or Lascivious Exhibition in the third degree felony: When the accused is under the age of 18
- Lewd or Lascivious Exhibition in the second degree felony: When the accused is over the age of 18
Lewd And Lascivious Offenses: Prohibited Defenses
It is NOT a defense to this crime that the victim consented to the act or lacks chastity. Additionally, it does not matter if the accused was unaware of the age of the victim, even when the victim lies about their age and indicates they are older than they are.
Lewd And Lascivious Penalties Under Florida Law
- Third Degree Felony- these offenses are punishable by up to 5 years in the Florida Department of Corrections, 5 years of probation (the combination of incarceration and probation may not exceed 5 years), and a fine of $5,000.
- Second Degree Felony- these offenses are punishable by up to 15 year in the Florida Department of Corrections, 15 years of probation (the combination of incarceration and probation may not exceed 15 years), and a fine of $10,000.
- First Degree Felony- these offenses are punishable by up to 30 year in the Florida Department of Corrections, 30 years of probation (the combination of incarceration and probation may not exceed 30 years), and a fine of $10,000.
- Life Felony- these offenses are punishable by a life sentence in the Florida Department of Corrections, probation for the remainder of your life, and a fine of $15,000.
In the case of Lewd or Lascivious Molestation where the accused is 18 years of age or older and the victim is under the age of 12, the court must sentence the offender upon conviction to at least 25 years in prison.
All lewd or lascivious offenses in Florida are extremely serious and anyone who is facing one of these charges have potential consequences that will haunt them for the rest of their life. This includes not only being sentenced to state prison, but also being forced to register as a sex offender and complete sex offender registration. If you or a loved one is facing one of these charges, it is imperative that you retain an aggressive and experienced attorney who will provide the best defense possible. The criminal defense team at NeJame Law is Here to Help.
