Lewd and Lascivious Acts

Florida State Attorneys are known to prosecute sex crimes aggressively, especially when they involve lewd or lascivious behavior toward minors. Lewd or lascivious behavior is defined as sexual conduct that is considered crude and offensive, or contrary to the standards of normal, moral behavior. In layman’s terms, it is the type of charge a person can face when engaging in any sexual act with a minor younger than 16. 

A person who engages in sexual activity with a minor under the age of 16 may be charged with a lewd and lascivious offense. Even with the minor’s consent, authorities still can charge a person with a crime for having any sexual engagement with someone below the State’s age of consent. Plainly put, consent is not a defense to these crimes. Neither is ignorance of the alleged victim’s age, even if the alleged victim lied about their age.

Charges for lewd and lascivious acts can vary, depending on the age of the defendant and the age of the victim. It will also vary depending on the alleged offense, and whether there was actual physical contact made with the minor. 

A person who has been arrested for a lewd and lascivious offense should take it very seriously. The penalties for these types of offenses include paying expensive fines, being sentenced to time in prison, and becoming a registered sex offender. 

South Florida Sex Crime Defense Attorney

If you or someone you know has been accused of a sex crime in Florida, make your top priority finding an experienced defense attorney. An attorney can provide help in building a defense, protecting your rights, and fighting to have your case dismissed, or the charges against you reduced. The attorneys at Ian Goldstein Law have represented clients across South Florida. Contact our firm today for a free consultation at (561) 600-0950.

What are Lewd and Lascivious Acts?

When a person commits a sexual act in front of a minor, they can face charges for lewd and lascivious behavior. Lewd and lascivious acts are when an individual engages or entices a minor who is younger than 16-years-old for sexual activity. 

While the more severe charges define the penalties for lewd and lascivious molestation, a person can also be charged with a lewd and lascivious act without even touching the minor. Lewd and lascivious acts are also referred to as statutory rape, when an adult engages in “consensual” sex with a minor under the age of 18. Since Florida’s age of consent is 18-years-old, engaging in any sexual activity with a minor younger than 18 can result in criminal charges. Under Florida law, a minor does not have the capacity to consent.

The state of Florida categorizes the differing lewd and lascivious acts into charges for exhibition, conduct, battery, and molestation. 

Florida Statute and Types of Lewd and Lascivious Acts

Florida Statute Section 800.04 defines the varying lewd or lascivious offenses which are committed upon or in the presence of a minor younger than 16-years-old. The following is a list of each offense codified under Florida law, and their potential penalties: 

• Lewd or Lascivious Exhibition – It is unlawful for any person to intentionally touch themselves, masturbate, or expose their genitals in a lewd or lascivious manner in the presence of a minor. This charge does not require the defendant to touch the minor in any manner. If they have exposed themselves in a sexual way, it is enough for an exhibition charge. The penalties for this charge include: 
  • Third-degree felony if the defendant is younger than 18-years-old; or
  • Second-degree felony if the defendant is 18-years-old or older. 
• Lewd or Lascivious Conduct – It is unlawful for any person to touch any part of a minor’s body intentionally and sexually. It is also unlawful for any person to encourage or force a minor under 16-years-old to commit a lewd and lascivious act. The penalties for this charge include: 
  • Third-degree felony if the defendant is younger than 18-years-old; or
  • Second-degree felony if the defendant is 18-years-old or older. 
• Lewd or Lascivious Battery – It is unlawful for any person to intentionally touch or engage with a minor between the ages of 12- and 15-years-old, or for any person to encourage or force a minor younger than 16-years-old to engage in any sexual activity. The penalties for this charge include: 
  • Second-degree felony if the victim is between the ages of 12- and 16-years-old; or
  • First-degree felony if the defendant is 18-years-old or older, or if they have any prior convictions. 
• Lewd or Lascivious Molestation – It is unlawful for any person to intentionally touch a minor younger than 16-years-old on their genital area, buttocks, or the clothed area surrounding them. It is also unlawful for the defendant to entice or force a victim under 16 to touch them in the genitals, buttocks, or clothing covering them. The penalties for this charge include: 
  • Third-degree felony if the defendant is younger than 18-years-old and the victim is between the ages of 12- and 15-years-old;
  • Second-degree felony if the defendant is younger than 18-years-old and the victim is younger than 12-years-old, or if the defendant is 18-years-old or older and the victim is between the ages of 12- and 15-years-old;
  • First-degree felony if the defendant is 18-years-old or older and the victim is between the ages of 12- and 15-years-old, or if the defendant has previous sex crime convictions; or
  • Life felony if the defendant is 18-years-old or older and the victim is younger than 12-years-old. 

Additional Lewd and Lascivious Offenses

As lewd and lascivious acts can range across a broad spectrum, the following is a list of additional charges a person can face in Florida for specific sexual activity: 

• Exposure of Sexual Organs – Florida Statute Section 800.03 explains it is unlawful for any person to expose their sexual organs in a vulgar or indecent manner either in public or on another person’s private property. The penalties for this charge include: 
  • First-degree misdemeanor for any person to be naked or expose their genitals in public or on private property. 
• Lewd or Lascivious Exhibition Over a Computer Service – Florida Statute Section 847.0135(5) explains it is unlawful for any person to intentionally expose their genitals, masturbate, or engage in any sexual act over an online computer service. The penalties for this charge include: 
  • Third-degree felony if the defendant is younger than 18-years-old; or
  • Second-degree felony if the defendant is 18-years-old or older. 
• Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility – Florida Statute Section 800.09 explains it is unlawful for a person in custody to intentionally expose their genitals, masturbate, or commit any sexual act in the presence of an employee. The penalties for this charge include: 
  • Third-degree felony if the defendant has committed any sexual act in front of an employee. 
• Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly or Disabled Person – Florida Statute Section 825.1025 explains it is unlawful for any person to encourage, force, or entice an elderly or disabled person to engage in sexual activity when the defendant knows or should know that the victim fails to consent, or lacks the ability to consent. The penalties for this charge include: 
  • Third-degree felony if the defendant committed lewd or lascivious exhibition or molestation upon the disabled or elderly victim; or
  • Second-degree felony if the defendant committed lewd and lascivious battery upon the disabled or elderly victim. 

Penalties for Lewd and Lascivious Charges in Florida

The following lists the penalties for each degree of lewd and lascivious charge: 

• First-degree misdemeanor – Up to $1,000 in fines and one year of imprisonment
• Third-degree felony – Up to $5,000 in fines and five years of imprisonment
• Second-degree felony – Up to $10,000 in fines and 15 years of imprisonment
• First-degree felony – Up to $10,000 in fines and 30 years of imprisonment
• Life felony – Life imprisonment without the possibility of parole

In addition to paying fines and being sentenced to incarceration, a defendant who is convicted of a sex crime is required to register under the Florida Sex Offender Registry. The database is open to the public and contains information regarding any person convicted of a sex crime within the state. 

Unless the defendant fits the criteria of the Romeo and Juliet law, a person convicted of a lewd and lascivious offense will be required to register as a sex offender in Florida. Registration comes with future complications in finding a place to live or work. In addition, the stigma of being a registered sex offender can make it difficult to maintain relationships with friends and family. 

Due to the harsh penalties that can be imposed from a lewd and lascivious offense, it is in your best interest to speak with a Palm Beach defense attorney after getting arrested for a sex crime. 

Defenses to Lewd and Lascivious Charges

Far too often, people assume that an arrest for a crime equates to guilt. However, that is not true. An experienced attorney will be able to review all your case details and help form a strong defense. The following are potential defenses which may be used in a lewd and lascivious case: 

• False accusation – A false accusation can take place due to mistaken identity, revenge, or pushing the blame onto someone else. A defense attorney can help prove the defendant’s innocence if they were falsely accused of a sex crime. 
• Wrong identity – It is not uncommon for the victim, witnesses, or the police to give a description of the suspect which leads to the wrong person being arrested.
• Lack of intent – Lack of intent implies that the defendant’s actions were involuntary, unintentional, or caused by unforeseeable circumstances. 
• Lack of evidence – The State holds the responsibility of proving the defendant’s guilt beyond a reasonable doubt based upon the evidence. If the State lacks sufficient evidence to prove their case, an attorney can use this as a defense. 
• Romeo and Juliet law – In Florida, there is a specific law entitled the “Romeo and Juliet Law” to prevent certain individuals from registering as a sex offender if they were in a consenting relationship with a minor. If the victim was between 14 and 17 and the offender is no more than four years older than them at the time of their relationship and sexual activity, they may be eligible for the protections provided by the Romeo and Juliet law and be exempt from registering as a sex offender. 

Considering that each case is different, it is best to speak with a Palm Beach criminal defense lawyer to determine which defenses are applicable to your case. 

Finding a Defense Attorney in South Florida

Sex crimes are harshly prosecuted in the state of Florida. This is especially true when the alleged victim is a minor. If you or a loved one are arrested for a lewd and lascivious act, it is important to remember your rights and seek out a defense attorney as soon as possible. Penalties for sex crimes include paying high-cost fines, lengthy imprisonment, and mandatory sex offender registration for life. 

The defense attorneys at Ian Goldstein Law have represented clients accused of all types of criminal offenses. We understand how stressful dealing with a criminal charge is, and our team will aim to alleviate that stress by managing your defense and fighting on your behalf. Our firm represents clients in the following counties: Palm Beach, Broward, Dade, Martin, Okeechobee and St. Lucie. Contact Ian Goldstein Law today and receive a free consultation regarding your case. Call us at (561) 600-0950 or leave us a message on our website.