Lewd or Lascivious Offenses

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Lewd or Lascivious Offenses, or “Child Molestation”, covers a wide range of improper, sexual contact with a minor found within Florida Statute §800.04. The crimes are treated with strict liability, meaning if they happened, criminal culpability attaches. A criminal prosecution for any of these crimes can have permanent, damaging consequences, even when one is not convicted. If convicted, one faces significant incarceration, fines, and being branded a “Sex Offender”, a mark that will follow them everywhere they go. If you find yourself accused of a Lewd or Lascivious Offense, seek the advice of competent legal counsel as soon as possible to aid in preparing your defense. If you or a loved one is accused of Child Molestation in Broward County, Miami-Dade County, or Palm Beach County, call The Law Office of Sean Clayton, P.A.

The first crime defined within Florida Statute §800.04(4) is Lewd or Lascivious Battery, or "Statutory Rape" as some call it. Florida Statute §800.04(4) defines Lewd or Lascivious Battery as when one engages in “sexual activity” with a person 12 years old or older, but under 16 year of age. It also addressed “encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.”

“Sexual Activity” is broadly defined to include oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, with exceptions for valid medical procedures.

The second crime under Florida Statute §800.04(5), Lewd or Lascivious Molestation, is the improper touching of a person under 16 years of age for sexual stimulation or when the perpetrator forces or entices a child under the age of 16 to touch the perpetrator improperly in a “lewd or lascivious” manner. Florida Standard Jury Instructions define lewd or lascivious as “wicked, lustful, unchaste, licentious, or sensual…”

Next, the statute addresses Lewd or Lascivious Conduct. Florida Statute §800.04(6) says Lewd or Lascivious Conduct is when one touches a person under 16 in a “lewd or lascivious” manner or solicits a person under 16 to engage in a “lewd or lascivious” act.  

Finally, the Florida Statute §800.04(7) defines Lewd or Lascivious Exhibition as when one masturbates, exposes genitals, or commits a “sexual act” without physical contact and the victim is under 16 years of age.

Because the overlapping nature of these offenses, it is not uncommon to be charged with multiple counts from a single incident. Complicated issues of Double Jeopardy can be raised to help narrow the charges or reduce criminal culpability.

The importance of seeking advice from competent legal counsel at the earliest possible juncture cannot be overstated. The effect of being charged with a child-related sex offense is immeasurable. The mere allegation can prevent  one from being hired for a job, being approved for housing, or denial of any number of opportunities. Call us to receive a complimentary consultation. With offices in Broward County and Palm Beach County, we can easily serve clients throughout south and central Florida.

DEFINITION OF LEWD OR LASCIVIOUS MOLESTATION IN FLORIDA

Florida Statute § 800.04(5) defines one who commits "lewd or lascivious molestation" as "a person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation."

PENALTIES FOR LEWD OR LASCIVIOUS MOLESTATION IN FLORIDA

Age of the offender and the age of the victim both matter when determining the possible penalty. The penalties are as follows:

(1) Offender is 18 or older and the victim is under 12: The crime of Lewd or Lascivious Molestation committed by a person 18 or older on a child less than 12 years old is a Life Felony punishable by a minimum 25 year prison sentence followed by lifetime sex offender probation and a $10,000 fine.

(2) Offender is 18 or older and the victim is 12 or over, but under 16: The crime of Lewd or Lascivious Molestation committed by a person 18 or older on a child 12 or older, but under 16 is a Second Degree Felony punishable by up to fifteen years in prison, fifteen years of sex offender probation, and a $10,000 fine. As a Level 7 offense, the minimum prison sentence, after Sexual Contact points are assessed and without grounds for downward departure, is 51 months followed by two (2) years of sex offender probation.

(3) Offender is under 18 and the victim is under 12: The crime of Lewd or Lascivious Molestation committed by a person under 18 on a child under 12 is a Second Degree Felony punishable by up to fifteen years in prison, fifteen years of sex offender probation, and a $10,000 fine. 

(4) Offender is under 18 and the victim is 12 or over, but under 16: the crime of Lewd or Lascivious Molestation committed by a person under 18 against a victim 12 or older but less than 16 commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

CIVIL CONSEQUENCES FOR A LEWD OR LASCIVIOUS BATTERY IN FLORIDA

Civil consequences also apply, including registration as a sex offender or predator. In certain circumstances the accused can seek shelter from these laws under the “Romeo and Juliet” law. It is important to understand the long-lasting effects of such a consequence before deciding how to resolve a Lewd or Lascivious offense.

DEFENSES TO LEWD OR LASCIVIOUS MOLESTATION IN FLORIDA

These cases are often referred to as “strict liability” cases. If the act happened, then the accused is criminally liable. However, there is far more to defending a case than law. For example, the law even forbids defenses of consent or lack of knowledge as to age. That means that even if the alleged victim lied about their age and presented a fake ID, the accused is culpable for engaging in sexual activity. Also, this crime makes it illegal for minors to engage in these activities, even consensually. Do not let these things discourage you, though, if that is your scenario or that of a loved one. Facts still matter when resolving any criminal matter and justice, beyond the strict letter of law, is still a factor. 

As a whole, the justice system often recognizes the inequities that can arise from the strict letter of the law. One example might be that of two 13 year-old children engaging in consensual sexual activity. Properly presented, it is not uncommon to convince the State of Florida to not charge one or both parties. In other cases, the State may be convinced not to oppose relief under the “Romeo and Juliet” law. Some of these negotiations are time sensitive, the earlier in the process that the accused can involve an attorney, the earlier the attorney can begin negotiations, preserve evidence, and work toward a just resolution.

Of course, there are always cases of pure innocence. It simply did not happen. It is not unheard of to find out a child has been coached, for example, in anticipation of separation. Other times, a child tells a story and feels trapped in the lie, their persistence leading to false charges. Yet other times, it is simply a malicious, mentally ill, or mistaken assertion by the accuser. Criminal cases in Florida are subject to open discovery and Florida law and procedure provide ample opportunity to learn about the case, the accusers, the witnesses, and the evidence, then challenge that evidence.

Intent is also important to proving these crimes. While the act may have occurred, without the requisite lewd or lascivious intent, no crime has occurred. Intent is always a jury question. People cannot read minds. We look to the evidence and surrounding facts to infer the intent. Facts can tell multiple stories when it comes to intent.

CONTACT US

If you or a loved one has been charged with a Lewd or Lascivious Molestation or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation. 

DEFINITION OF LEWD OR LASCIVIOUS EXHIBITION IN FLORIDA

Lewd or Lascivious Exhibition is defined within Florida Statute §800.04(7). Lewd or Lascivious Exhibition Lewd or Lascivious Exhibition is when one masturbates, exposes genitals, or commits a “sexual act” without physical contact and the victim is under 16 years of age. Florida Standard Jury Instructions define lewd or lascivious as “wicked, lustful, unchaste, licentious, or sensual…” 

PENALTIES FOR LEWD OR LASCIVIOUS EXHIBITION IN FLORIDA

The penalty differs for minors and adults. If the offender is 18 or older, the crime of Lewd or Lascivious Exhibition is a second-degree felony, punishable by 15 years in prison, 15 years of sex-offender probation, and a $10,000 fine. 

As a Level 5 offense, with no criminal history and no grounds for downward departure, a person 18 or over is subject to a minimum sentence of at least two (2) years sex offender probation.

A minor who commits the crime of Lewd or Lascivious Exhibition is guilty of a third-degree felony, punishable by up to five (5) years in prison, five (5) years of sex offender probation, and a $5,000 fine. For minors, this is a Level 5 offense. The judge is also required to sentence the offender to at least two (2) years sex offender probation.

In certain circumstances, the court may be able to mitigate the sentence. Factors that might be considered include the willingness/role of the child, the defendant’s mental health, or the youth of the defendant, if under 21, amongst others. An attorney can better help to assess the applicable mitigators.

CIVIL CONSEQUENCES FOR A LEWD OR LASCIVIOUS EXHIBITION IN FLORIDA

Civil consequences also apply, including registration as a sex offender or predator. In certain circumstances the accused can seek shelter from these laws under the “Romeo and Juliet” law. It is important to understand the long-lasting effects of such a consequence before deciding how to resolve a Lewd or Lascivious offense.

DEFENSES TO LEWD OR LASCIVIOUS EXHIBITION IN FLORIDA

The defense of a Lewd or Lascivious Exhibition case can come from denying it happened or challenging the intent. Perhaps it is a case of mistaken identity, or a false allegation. The accuser may have been manipulated or be fabricating a story. In another scenario, perhaps the intent was not lewd or lascivious. For example, a male scoutmaster is peeing by a river when a canoe full of girl scouts floats by. Perhaps his action was mistaken by the girl scouts as having lewd intent. In discovery, we will have opportunity to explore the witness/victim statements and evidence to help 

Again, consent or ignorance as to age simply cannot be argued at trial. They may still be a factor in negotiating a just resolution, but not at trial. You need a legal team that can utilize the facts as presented, admissible or not, to leverage a positive outcome.

CONTACT US

If you or a loved one has been charged with a Lewd or Lascivious Exhibition or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.