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Lewd and Lascivious Behavior With a Minor in Florida: Laws, Penalties and Defense

Lewd and Lascivious Behavior With a Minor in Florida: Laws, Penalties and Defense

Lewd and lascivious behavior with a minor is a serious offense in Florida that involves sexual contact with a child under 16 years old. Even if the minor consents to the sexual activity, it is still considered a crime under Florida law. Let’s take a closer look at what constitutes lewd and lascivious behavior, the penalties if convicted, and possible defenses.

What is Considered Lewd and Lascivious Behavior in Florida?

The legal definition of lewd and lascivious behavior covers a range of sexual acts involving minors under 16 years old, including:

• Lewd or Lascivious Battery – Sexual activity with a minor between 12-16 years old, including oral, anal or vaginal penetration or union with an object. Just enticing or encouraging a minor to engage in sexual activity meets the definition of lewd or lascivious battery.
• Lewd or Lascivious Molestation – Intentionally touching the breasts, genitals, buttocks or the clothing covering them of a minor under 16 in a lewd or lascivious manner. Making a minor touch you or themselves on those body parts can also qualify.
• Lewd or Lascivious Conduct – Intentionally touching a minor under 16 in a lewd or lascivious manner. This covers acts that don’t rise to the level of molestation or battery.
• Lewd or Lascivious Exhibition – Intentionally exposing one’s genitals or performing a sexual act in the presence of a minor under 16.

The key is that the acts are committed in a lewd or lascivious manner, meaning they involve lust, sensuality or wickedness. Consent by the minor does not matter under Florida law.

Penalties for Lewd and Lascivious Behavior in Florida

Lewd and lascivious crimes are felonies under Florida law. The penalties depend on the age of the defendant and minor, and the type of act committed. Possible sentences include:

• Up to 15 years in prison and $10,000 fine for lewd/lascivious battery if defendant is 18+ or has prior convictions.
• Up to 5 years in prison and $5,000 fine for lewd/lascivious molestation if defendant is under 18.
• Up to 15 years in prison and $10,000 fine for lewd/lascivious conduct if defendant is 18+.
• Up to 5 years in prison and $5,000 fine for lewd/lascivious exhibition if defendant is under 18.

Defendants must also register as sex offenders and will be prohibited from living or working near schools, parks, daycares or places where children congregate. The penalties are harsh because these acts victimize vulnerable minors.

Possible Defenses to Lewd and Lascivious Charges

While lewd and lascivious charges should always be taken seriously, there are potential defenses that a skilled criminal defense attorney may be able to raise on your behalf:

• Misidentification – You were mistakenly identified as the perpetrator of the crime when you were not actually involved. Eyewitness misidentification is a common cause of wrongful convictions.
• False accusations – The minor, or someone else, fabricated the allegations against you for reasons like revenge, jealousy, or a custody dispute. Your attorney can investigate motives and credibility.
• Lack of intent – You had no sexual intent behind the physical contact with the minor, for example accidentally touching them while playing sports. The contact must be lewd or lascivious by definition.
• Romeo and Juliet defense – You and the minor are within 4 years of age. Consent can be a defense in Romeo and Juliet cases for certain charges.

If any of these defenses may apply in your case, an experienced lewd and lascivious attorney can thoroughly investigate the facts and build the strongest defense to fight the charges.

Consequences of a Conviction

The penalties for lewd and lascivious behavior with a minor are severe. In addition to possible prison time, you may have to register as a sex offender for life. This can make it extremely difficult to find a job, housing, or live normally in society. The stigma of being labeled a sex offender can also take a major toll on your mental health and relationships.A conviction will also stay on your criminal record permanently unless you can get it sealed or expunged later on. However, Florida law does not allow expungement for lewd/lascivious crimes against minors. The consequences will follow you for life.That’s why it’s critical to have an aggressive defense attorney challenge the charges and work to get them dismissed or reduced. An experienced lawyer understands these complex laws and how to build an effective defense to avoid a devastating conviction.

Finding the Right Lewd and Lascivious Lawyer

If you or a loved one is facing accusations of lewd and lascivious behavior with a minor in Florida, you need legal representation right away. A conviction can ruin your life. Here are tips for finding the best attorney:

• Look for an experienced Florida criminal defense lawyer with specific expertise in lewd and lascivious cases. Check their background handling these types of serious sex crime charges.
• Choose a local attorney familiar with the judges and prosecutors in your jurisdiction. Those relationships can often help in negotiating better outcomes.
• Select an aggressive lawyer who will thoroughly investigate the facts, challenge credibility of witnesses, obtain experts if needed, and build the strongest defense.
• Make sure they have successfully defended lewd and lascivious cases at trial, not just through plea deals. You want an attorney prepared to go to bat for you in court if necessary.
• Personality also matters. Choose a lawyer you feel comfortable with and who makes you feel supported during this difficult process.
• Discuss legal fees upfront and get clear expectations. Lewd and lascivious cases often require extensive work to defend.

Facing lewd and lascivious charges in Florida is scary. But an experienced criminal defense attorney can guide you through the process, build you a strong defense, and give you hope. Don’t leave your fate to chance – consult an attorney today.

References

 Lewd or Lascivious Battery in Florida

 Lewd or Lascivious Molestation in Florida

 Lewd or Lascivious Conduct in Florida

 The 2023 Florida Statutes

 Examples of Lewd and Lascivious Behavior in Florida

 Lewd & Lascivious Florida | Definitions, Types & PenaltiesEyewitness Misidentification