Lewd or lascivious acts or behaviors are considered sexual offenses in Florida and they carry substantial penalties for the individual. Convictions under the laws pertaining to lewd or lascivious conduct carry not just a prison sentence but can mean the ultimate registration of the defendant as a sexual offender.
What does a lewd or lascivious conduct charge mean?
In Florida, charge for lewd or lascivious acts with a minor is also commonly referred to as “child molestation.”
In all cases of lewd or lascivious acts, the consent of the victim or his age is not regarded as a defense of the defendant. Lewd or lascivious in Florida is regarded as any sexual activity with a person under the age of 16. It is defined under Florida Statute 800.04(4)-7. Chapter 800 of the Florida law describes all violations of this Act and the circumstances under which they apply.
What Are the Violations of Florida Statute 800.04(4)-7?
Violations of Florida Statute 800.04 clearly define lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. Florida statute 800.04 is the chapter of the statute that regulates lewd or lascivious conduct or behavior. There are four categories of offenses under this statute:
- Lewd or Lascivious Battery
- Lewd or Lascivious Molestation
- Lewd or Lascivious Conduct
- Lewd or Lascivious Exhibition
What are lewd or lascivious acts?
Lewd or lascivious acts are defined in the statute of Florida as conduct in which the defendant touches a child under the age of 16 in lewd or lascivious manner. It also applies when the child is solicited to commit a lewd or lascivious act. Synonyms used to describe lewd or lascivious acts are unchaste, wicked, lustful and licentious. Lewd or lascivious offense is considered a liability crime in Florida which means that criminal culpability rests on the defendant.
What are lewd or lascivious acts with a minor?
Lewd or lascivious acts with a minor mean touching him or her in lewd or lascivious manner. It could also mean enticing a minor to indulge in sexual act. A defendant can be charged with an alleged lewd or lascivious for a number of reasons. act can be.
What evidence is needed for arrest for lewd or lascivious molestation Florida?
A lewd or lascivious act is deemed to have been committed when the defendant has done the following:
- Touched the breasts of a boy or girl under the age of 16 with a sexual intent
- Touched genitals of a boy or girl under the age of 16 with a sexual intent
- Touched the buttocks of a boy or girl under the age of 16 with a sexual intent
- Entice, encourage, or force a child under the age of 16 to touch another person in a lustful manner
Frequently Asked Questions
<b>Lewd or lascivious battery in Florida</b> is regarded as sexual conduct with a minor 12-16 years of age. In this offense, it is not necessary for the defendant to have made contact with body of the victim. Just the coercion to indulge in a sexual activity is enough to apply this offense on the defendant. It is a first-degree felony in Florida if the defendant is an adult with a previous offense related to sexual conduct. Otherwise, lewd or lascivious battery is considered a felony of second degree.
<b>Lewd and lascivious battery</b> is deemed to have taken place if someone indulges in a sexual activity with a child more than 12 years of age but under the age of 16. It has also taken place when the defendant encourages, entices, or forces such a child to engage in sexual activities like prostitution sexual bestiality, or sadomasochistic abuse. Sexual activity in lewd and lascivious battery is described as vaginal, anal, or oral penetration by the defendant or union with any other object.
Under Florida Stature 800.04 (4), lewd or lascivious battery takes place if the following has been committed.
Sexual activity with a person more than 12 years of age but less than 16 years of age
Encouraging, enticing, or forcing a person under the age of 16 to take part in:
- Sadomasochistic abuse
- Sexual bestiality
- Any other sexual activity
A warrant is a legal document issued by a judge or grand jury. Police in Florida is not authorized to issue a warrant for lascivious behavior.
<b>Lewd and lascivious molestation</b>occurs when an individual touch the breasts, genitals, or buttocks of a victim under the age of 16, in a lewd or lascivious manner. It is considered a serious offense in the state of Florida. Conviction under lewd and lascivious molestation charges could result in many years of imprisonment along with steep monetary fines. The defendant will also be registered as a sexual offender.
In Florida, fondling is considered a serious offense in Florida. Fondling is defined as touching of private body parts of another person for the purpose of sexual gratification. Fondling can be done forcibly or without the consent of the victim.
Any individual who commits a lewd act with a child under the age of 14 with the intent of satisfying his lust is considered guilty of a felony and he or she is punishable with imprisonment for 3 to 6 years.
Lewd is defined as unchaste, wicked, lustful, licentious or sensual intent.
Lewd exhibition via computer is committed when an individual masturbates or exposes his genitals in a lewd manner or simulates any sexual activity live over internet.
Chapter 800 in Florida Statures deals with lewd or lascivious conduct. This crime is committed when the defendant has touched the breasts, genitals, or buttocks of a child less than 16 years of age with a sexual intent. Such conduct is considered a liability crime in Florida which means that criminal culpability lies on the defendant. Lewd acts and behaviors with children under the age of 16 fall in different categories namely Battery, Molestation, Conduct, and Exhibition.
In case you are charged under lewd or lascivious act, it is important to hire the services of a competent and experienced sexual crimes attorney in Florida.
Looking for a Lewd or Lascivious Conduct Defense Lawyer in Florida?
Having a top criminal attorney to defend you when you have been charged with the offense of Lewd or Lascivious Act in Florida can help to protect your rights. With the top criminal defense lawyer, the defendant can get the charges dismissed or if convicted, ask for reduction in penalties. Smith & Eulo Law Firm is an experienced law firm dealing with criminal cases. Call 407-930-8912 today, or email us at email@example.com, if you have been charged for violations of Florida Statute 800.04.