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Florida Lewd & Lascivious Offenses
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Orange County Criminal Lawyer - Lewd & Lascivious Offenses:
These crimes involve minor children and have significant penalties.  In addition
to State Prison time, the offender may have to register as a sex offender and be
restriction as to where they can reside.  If you have been accused of this crime,
you should speak with an experienced criminal defense attorney as soon as
possible to learn about your rights and the defenses that may be available to
you..  

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following Florida Statutes provides some information regarding Lewd & Lascivious offenses:

Florida Statute 800.04 - Lewd or lascivious offenses committed upon or in the presence of persons less
than 16 years of age.
(1) DEFINITIONS.  As used in this section:

(a) “Sexual activity” means the 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; however, sexual activity does not include an act done for a
bona fide medical purpose.

(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

(c) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or
compliance.

(d) “Victim” means a person upon whom an offense described in this section was committed or attempted or a
person who has reported a violation of this section to a law enforcement officer.

(2) PROHIBITED DEFENSES.  Neither the victim’s lack of chastity nor the victim’s consent is a defense to the
crimes proscribed by this section.

(3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s
misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a
defense in a prosecution under this section.

(4) LEWD OR LASCIVIOUS BATTERY.—A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse,
sexual bestiality, prostitution, or any other act involving sexual activity
commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.

(5) LEWD OR LASCIVIOUS MOLESTATION.
(a) 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.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12
years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.

(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than
12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age
or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of
age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.

(6) LEWD OR LASCIVIOUS CONDUCT.
(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) LEWD OR LASCIVIOUS EXHIBITION.
(a) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim,
including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual
activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) EXCEPTION.  A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of
this section.

In addition to Florida Statute 800.04, you may also want to review the following Florida Statues for additional
information regarding some registration and residency requirements and restrictions.

Florida Statute 800.05 - Forfeiture of retirement benefits for a felony defined in s. 800.04.
The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, defined in s. 800.04
are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee
when the offense occurs; the person commits the offense through the use or attempted use of power, rights,
privileges, duties, or position of the person’s public office or employment position; and the victim is younger than 16
years of age when the offense occurs.

_____________________________________________

The following pages provide some more Information on sex offenses and penalties:

Prostitution

Sex Offenses

Florida Statute 775.21 - The Florida Sexual Predators Act.

Florida Statute 775.215 - Sex Offender Residency Restrictions.

Florida Statute 794.0115 - Dangerous sexual felony offender; mandatory sentencing.

Florida Statute 794.023 - Sexual battery by multiple perpetrators; reclassification of offenses.

Florida Statute 943.0435 - Sexual offenders required to register with the department; penalty.

Florida Statute 943.04354 - Removal of the requirement to register as a sexual offender or sexual predator
in special circumstances (This Statute is often referred to as Florida's Romeo & Juliet Law).

Florida Statute 943.0436 - Duty of the court to uphold laws governing sexual predators and sexual offenders.

For more information on lewd & lascivious offenses, Call the Wilson Law Firm Today at (407) 648-5255 to speak
with an experienced Orlando criminal defense lawyer and Orange County DUI lawyer about your situation or to
schedule a Free Initial Consultation.  The Wilson Law Firm represents individuals in criminal defense and DUI cases
in the Central Florida area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Wintermere, Winter
Garden, Winter Park and Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole
County, Florida.
Orange County Florida Criminal Lawyer & Orlando DUI Attorney
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Florida Crimes & Laws