Lewd & Lascivious Charge Defense Attorney
Laws pertaining to lewd and lascivious crimes in Florida cover a wide range of offenses that are committed upon or in the presence of anyone under the age of 16. These crimes often involve prostitution or pornographic images depicting children. Like all sex crimes involving minors, the penalties are severe, and ignorance regarding the victim’s age is not a valid defense. Retaining our experienced Florida lewd and lascivious defense lawyers gives you the best chance of reducing your charges and mounting a powerful defense to combat them.
Defining this type of crime
Criminal offenses involving lewdness in the state of Florida fall into the following categories:
- Lewd or lascivious battery involves engaging in sexual activity with anyone who is 12 to 15 years of age or encouraging or forcing anyone under the age of 16 to engage in prostitution or any other sexual activity.
- Lewd or lascivious molestation includes any touching, whether over or under clothing, of the breasts, buttocks or genitals of a minor under 16. It also is considered molestation to force or entice the victim to touch the accused in a sexual manner.
- Lewd or lascivious conduct encompasses touching a minor who is 15 or younger in a lewd manner, or soliciting the child to commit a sexual act.
- Lewd or lascivious exhibition involves intentionally exposing the genitals in a lewd manner, masturbating or committing any other lustful or licentious act in the presence of the victim without touching him or her.
What about the penalties?
Punishments for these sex crimes vary depending on the crime, the age of the accused and the age of the victim:
- A lewd or lascivious battery conviction is a second-degree felony, which carries a maximum penalty of 15 years in prison.
- A lewd or lascivious molestation conviction involving a victim who is between 12 and 15 and a defendant who is under 18 is a third-degree felony, which carries a prison term of five years if the defendant is charged as an adult. When the defendant is 18 or older and the victim is 12 to 15, or when the defendant is under 18 and commits the crime upon someone under 12, it is a second-degree felony and carries a prison term of up to 15 years. If the defendant is 18 or older and victim is under 12, it is considered a life felony.
- A lewd or lascivious conduct conviction involving a defendant who is under 18 is a third-degree felony with a prison term of five years. If the defendant is over 18, it is a second-degree felony, carrying a maximum prison term of 15 years.
- A lewd or lascivious exhibition conviction carries the same penalties as lewd or lascivious conduct and is based on the age of the defendant when the crime was committed.
If you are being investigated or have been arrested for a sex crime involving lewdness, speaking with authorities before hiring a Florida lewd and lascivious battery attorney can significantly harm your case. Contact Ohle Law P.A. immediately so that we can begin performing our own investigation into your case and help mount a solid defense on your behalf.