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Lewd and Lascivious Battery, Molestation, Conduct & Exhibition

Florida Statutes 800.04 (4), (5), (6), (7)- Lewd and Lascivious Battery, Molestation, Conduct & Exhibition


With few exceptions, there is no worse charge to face than the allegation of lewd or lascivious battery, molestation, conduct or exhibition. An arrest for one of these offenses is often made based on very little physical evidence, yet the potential penalties for a conviction on these charges are severe.

Lewd or Lascivious Battery is defined by Florida Statute 800.04(4) as engaging in “sexual activity” with a person between 12 and 15 years old. The definition of “sexual activity” can be found at Florida Statute 800.04(1)(a).

Penalty for Lewd or Lascivious Battery

Lewd and lascivious battery is a second degree felony. A conviction for lewd and lascivious battery is punishable by up to fifteen (15) years in prison.

Lewd or Lascivious Molestation is defined by Florida Statute 800.04(5) 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 [under 16], or forces a person [under 16] to touch the perpetrator [in a similar manner]”.

The terms “lewd or lascivious” are defined by Florida Standard Jury Instruction 11.10(c) and they mean the same thing. It means a wicked, lustful, unchaste, licentious, or sensual act on the part of the person committing the act.

Penalties for Lewd or Lascivious Molestation

When lewd and lascivious molestation is committed by a person 18 or over, upon someone under 12, it is punishable by life in prison.

When lewd and lascivious molestation is committed by a person under 18, upon someone under 12, it is punishable by up to fifteen years in prison.

When lewd and lascivious molestation is committed by a person 18 or over, upon someone 12 to 15 years of age, it is punishable by up to fifteen years in prison.

When lewd and lascivious molestation is committed by a person under 18, upon someone 12 to 15 years of age, it is punishable by up to five years in prison.

Lewd or Lascivious Conduct is defined by Florida Statute 800.04(6) as intentionally touching a person under 16 years of age in a lewd or lascivious manner, or asking a person under 16 to commit a lewd or lascivious act.

The terms “lewd or lascivious” are defined by Florida Standard Jury Instruction 11.10(d) and they mean the same thing. It means a wicked, lustful, unchaste, licentious, or sensual act on the part of the person committing the act.

Penalties for Lewd or Lascivious Conduct

When lewd and lascivious conduct is committed by a person 18 or over, it is punishable by up to fifteen years in prison.

When lewd and lascivious conduct is committed by a person under 18, it is punishable by up to five years in prison.

Lewd or Lascivious Exhibition is defined by Florida Statute 800.04(7) as intentionally masturbating or the exposing of genitals in a lewd or lascivious manner in the presence of a person under 16 years of age.

The terms “lewd or lascivious” are defined by Florida Standard Jury Instruction 11.10(e) and they mean the same thing. It means a wicked, lustful, unchaste, licentious, or sensual act on the part of the person committing the act.

Penalties for Lewd or Lascivious Exhibition

When lewd and lascivious exhibition is committed by a person 18 or over, it is punishable by up to fifteen years in prison.

When lewd and lascivious exhibition is committed by a person under 18, it is punishable by up to five years in prison.

Prohibited Defenses

The age of the offender and the age of the alleged victim play an important role in the definition of the above-listed charges. For that reason, many people are surprised to learn that lack of knowledge of the victim’s age is not a permitted defense to the charge(s). Additionally, the victim’s misrepresentation of their age is also not permitted to be raised as a defense. Even the accused’s good faith belief about the alleged victim’s age is not a valid legal defense.

Further, neither the victim’s consent, nor the victim’s lack of chastity is permitted as a defense to any of the above-listed charges.

Requirement to Register as a Sexual Offender

A conviction for any of the offenses listed above requires the person to register their status as a sexual offender with the sheriff of the county in which they reside as well as with the Department of Highway Safety and Motor Vehicles.

When Should I Hire a Lawyer

The Law Offices of R. Wayne Richter, P.A. is exclusively limited to the practice of defending people arrested for criminal charges. If you, or someone you know, is being investigated or has been arrested for charges of lewd or lascivious battery, molestation, conduct or exhibition then you should hire an attorney immediately. DO NOT UNDER ANY CIRCUMSTANCES SPEAK WITH THE POLICE. Many of these types of cases lack any independent evidence and the police and prosecutors often rely on an accused’s statement to support an arrest and subsequent prosecution.

Hiring a skilled and respected criminal defense lawyer is necessary to obtain the just and proper result for your case. Wayne Richter is experienced in handling lewd or lascivious charges and will aggressively represent you, and fight to protect you, in and out of the courtroom.

 

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