These charges can cause irreparable harm to your life, impacting your family, career, and personal endeavors indefinitely. If you are facing criminal charges for lewd or lascivious acts anywhere in Florida, seek legal assistance immediately. At Weinstein Legal Team, our defense attorney for lewd or lascivious battery, Matt Shafran, has an established track record of protecting our clients from baseless accusations.
After spending several years as a prosecutor in the state of Florida, Mr. Shafran is well-versed in the common tactics, types of evidence, and the best methods of defense for such severe charges. Do not face these life-changing charges alone. If you have been accused of partaking in lewd and lascivious acts in Florida, learn how the legal assistance of defense attorney Matt Shafran can help.
Definition of Lascivious Acts in Florida
In the state of Florida, lascivious behavior is defined as any kind of sexual act performed in public or in the presence of a minor less than 16 years of age. The words themselves, “lewd and lascivious,” are synonymous and both refer to the sensual, lustful, wicked, or crude intentions of the individual doing the act. Under Florida law, a lewd or lascivious act can be physical, verbal, and psychological.
Due to the somewhat broad definition of a lewd or lascivious act, a charge of the same name can cover a broad spectrum of crimes, including:
- Molestation
- Indecent exposure
- Public masturbation
- Touching of genitals
- Touching of breasts or buttocks
- Soliciting a minor to touch genitals
- Rubbing of genitals through clothing
- Soliciting a minor to touch breasts or buttocks
- Performing a sexual act in front of a minor
Lewd and lascivious acts are covered in great detail under Chapter 800 of the Florida Statutes. Under that chapter, intentionally exposing the genitals in a lewd manner in the presence of a child under 16 is charged as lewd or lascivious exhibition (Fla. Stat. § 800.04(7)), and a separate statute covers lewd exhibition in the presence of a detention facility employee (Fla. Stat. § 800.09).
Florida Statute Section 800.04: Lewd or Lascivious Battery
Chapter 800.04 of the Florida Statutes also defines lewd or lascivious battery, which is even more severe than lewd or lascivious acts. In the state of Florida, lewd or lascivious battery is more commonly referred to as statutory rape. It's a charge most commonly placed against adults who have actively partaken in sexual activities with a minor less than 16 years of age, including penetration.
An individual can be charged with lewd or lascivious battery for one of two reasons:
- They have engaged in sexual activities with an individual between the ages of 12 and 16 years old, or
- They have encouraged, forced, or enticed an individual less than 16 years of age to engage in any type of sexual activity, including prostitution, sexual bestiality, or sadomasochistic abuse.
Difference Between Lewd or Lascivious Battery and Sexual Battery
The definition of lewd or lascivious battery significantly differs from the sexual battery definition in Florida. The primary difference between the two sex crimes charges is that lewd or lascivious battery only applies to victims between the ages of 12 and 16, whereas sexual battery is applicable to victims of all ages.
The second difference between the two is that sexual battery involves forceful sexual acts with victims, whereas lewd or lascivious battery involves a minor between the ages of 12 and 16 who had given consent. However, because a 12 to 16-year-old is not old enough to make legally recognized decisions in the state of Florida, this consent is not considered lawful in court.
Penalties for Lascivious Acts in the State of Florida
Penalties for Adults Above the Age of 18
Florida Statute § 800.04 is not a single offense. It creates four separate lewd or lascivious crimes, each graded by the age of the alleged victim and the age of the accused, and the page you are reading uses "lewd or lascivious acts" as shorthand for all of them.
- Lewd or lascivious battery (§ 800.04(4)) is sexual activity with a child aged 12 to 15, or encouraging a child under 16 into sexual activity. It is a second-degree felony, and it becomes a first-degree felony for an adult offender with a prior conviction for certain sex offenses.
- Lewd or lascivious molestation (§ 800.04(5)) is intentional sexual touching of a child under 16. An adult accused of molesting a child under 12 faces a life felony. It is a second-degree felony when a minor is accused with a victim under 12, or when an adult is accused with a victim aged 12 to 15. It is a third-degree felony when both are minors. An adult with a prior conviction for a qualifying sex offense and a victim aged 12 to 15 faces a first-degree felony.
- Lewd or lascivious conduct (§ 800.04(6)) covers other intentional lewd touching of a child under 16 and soliciting a child to commit a lewd act. It is a second-degree felony for an adult and a third-degree felony for a minor.
- Lewd or lascivious exhibition (§ 800.04(7)) covers exposure, masturbation, or simulated sexual activity in the presence of a child under 16. It is a second-degree felony for an adult and a third-degree felony for a minor.
Possible penalties for an adult convicted of a second-degree felony lewd or lascivious offense include:
- Maximum 15 years in prison
- 15 years of sex offender probation
- Maximum $10,000 fine
Similarly, an adult convicted of lewd and lascivious conduct will be declared a sexual offender and must be placed on the Florida Sexual Offender/Predator Registry for the remainder of their life. If the individual were to leave the state of Florida, they must register as a sexual offender in any of the other 49 states they decide to live in indefinitely. None of this can be undone later: an adjudicated conviction is never eligible to be sealed or expunged in Florida, and because § 800.04 offenses sit on the disqualifying list (Fla. Stat. § 943.0584), even a case that ended in a withhold of adjudication cannot be sealed.
There is no single minimum sentence for these offenses. The lowest sentence a judge can lawfully impose comes from the Criminal Punishment Code scoresheet (Fla. Stat. § 921.0024), which weighs the offense level, any injury, and prior record, so two people convicted of the same charge can face very different floors. The most serious tiers also carry their own mandatory terms under Fla. Stat. § 775.082.
Penalties for Minors Under the Age of 18
Though the penalties for a lewd and lascivious charge are still serious for a minor under the age of 18, they are slightly less severe. Where lewd or lascivious conduct, exhibition, or molestation of a child aged 12 to 15 by an adult is a second-degree felony, the same charge is a third-degree felony for a minor. The exception is molestation of a child under 12, which is a second-degree felony even when the accused is under 18 (Fla. Stat. § 800.04(5)(c)). This difference in charge relates to slightly lesser penalties.
Possible penalties for a minor convicted of lewd or lascivious acts include:
- Maximum 5 years in prison
- 5 years of sex offender probation
- Maximum $5,000 fine
A minor who commits a sex crime will be considered a juvenile sex offender. However, an individual under the age of 18 will only need to register with the Florida Sexual Offender/Predator Registry if they were convicted as an adult rather than a minor. Similarly, if the individual was of close age to the victim and the sexual activity was consensual, the offense may not require registration.
Defenses to Lewd and Lascivious Conduct in Florida
A reputable criminal defense attorney like Matt Shafran is well-versed in common tactics and types of evidence that prosecutors may attempt to use in court to prove a lewd and lascivious charge. Fortunately, he is also incredibly knowledgeable in the best methods of defense for such life-changing charges.
In the state of Florida, possible defense to lewd and lascivious charges include:
- There was no lewd intent, meaning no sensual, lustful, wicked, or crude intention behind the act.
- The accusation is false, and the accuser had a motive to make a false claim, such as jealousy, mental illness, or manipulation of children by a distressed or angry parent.
Prohibited Defenses in the State of Florida
Lewd or lascivious acts as well as lewd or lascivious battery are considered strict liability crimes in the state of Florida. This means that the individual accused of the crime is liable for it, regardless of his or her mental state at the time. Therefore, arguments such as ignorance of the minor's age or consent from the minor are both prohibited in Florida courts.
Lewd or Lascivious Acts Attorney in South Florida
A lewd or lascivious accusation is not only extremely stressful but is also incredibly detrimental to your well-being and livelihood in the state of Florida. Sex crime accusations are not handled lightly by Florida law enforcement, and the repercussions of just one accusation can permanently turn your life upside-down. The repercussion of one conviction can land you on the sex offender registry for life.
It is imperative you contact a lewd or lascivious act attorney in South Florida to help manage the details of your case. At Weinstein Legal Team, our trusted team of attorneys will work around the clock to fight the accusation and protect your reputation. Our phones are open 24 hours a day, 365 days a year, and we will not rest until we build the best possible case on your behalf.
Areas in Florida We Represent
If you have been accused of a sexual crime in South Florida, the attorneys at Weinstein Legal Team are here to help. Our leading defense attorney, Matt Shafran, spent several years as a Florida prosecutor, learning the in's and out's of common tactics used against those accused of sexual crimes. Today, he fights against those same tactics on behalf of clients in Broward County, Miami-Dade County, Palm Beach County, and Orange County Florida including the following areas:
- Boca Raton
- Boynton Beach
- Coral Springs
- Delray Beach
- Fort Lauderdale
- Hollywood
- Lake Worth
- Palm Beach Gardens
- Pembroke Pines
- Plantation
- Pompano Beach
- Wellington
- West Palm Beach
Hire a Florida Sex Crime Attorney to Represent You
If you are facing lewd or lascivious charges in South Florida, do not speak to prosecutors or investigators without a defense attorney present. If anyone does attempt to question you, you have the right to refuse to talk with them until your attorney is present. This applies from the moment you are arrested throughout the entire legal process, and the attorneys at Weinstein Legal Team will be with you every step of the way.
