Lewd or Lascivious in Florida
- What is Lewd or Lascivious behavior? The Florida Statutes provide a series of descriptions criminalizing several different acts, which are categorized as Lewd or Lascivious (L&L). For example the Florida Statute criminalizes (L&L) Battery, (L&L) Molestation, and (L&L) Exhibition. The Florida Statute regarding (L&L) behavior is aimed at underage children. The Statute also punishes lewd behavior different depending on the exact nature of the act. See the Florida Statutes (800.04) for a more comprehensive idea of what each (L&L) act requires and how it is punished.
- What does each of those (L&L) acts require?
- Lewd or Lascivious Battery: Victim is under 16, sexual intercourse or sexual behavior such as “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.”
- Lewd or Lascivious Molestation: Victim is under 16, sexual touching in a lewd or lascivious manner, which includes “the breasts, genitals, genital areas, or the buttocks, or the clothing covering them.”
- Lewd or Lascivious Exhibition: Victim is under 16, and either “masturbates, intentionally exposes genitals in lewd manner, or intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim.”
- Lewd or Lascivious Conduct: This provision of the statute tends to feel a bit more like a redundant portion because the parts that it covers seem identical to other parts of the Statute. However, here is what is required: Victim is under 16, and “touches a person under 16 years of age in a (L&L) manner, or solicits a person under 15 years of age to commit a lewd or lascivious act.”
- Penalties: The penalties for each of these types of crimes can vary. However, the vast majority of enumerated offenses in this section range from 2nd degree felonies to life felonies. There are also subsections that flesh out differences in ages. As a general rule, if the victim is under 12 the penalties become even more extreme. For example (L&L) molestation of a child under 12 is a life felony.
- Questions: If you have questions about your case you should consult an attorney. (L&L) charges carry hefty penalties.