Lewd and Lascivious Charges We Defend in Florida
Under Florida Statute 800.04, lewd or lascivious offenses involve specified sexual conduct committed upon or in the presence of someone younger than 16. The charges and penalties vary based on the alleged conduct, the ages of those involved, and other circumstances. Our lewd or lascivious acts lawyers in Florida defend clients against a wide range of allegations.
Lewd or Lascivious Conduct
- Involves certain intentional lewd touching or solicitation involving someone under 16
- Generally a second-degree felony for adult offenders
- Evidence may include witness statements, messages, and other communications
Lewd or Lascivious Molestation
- Involves specified sexual touching of someone under 16
- Penalties depend on the ages of the accused and alleged victim
- Certain offenses involving children under 12 can be life felonies
Lewd or Lascivious Battery
- Includes sexual activity with a person aged 12 to 15
- Generally charged as a second-degree felony
- Certain prior qualifying convictions can result in increased penalties
Lewd or Lascivious Exhibition
- Involves specified sexual conduct in the presence of someone under 16
- Physical contact is not required
- Adult offenders generally face second-degree felony charges
Indecent Exposure and Related Lewd Conduct
- Involves allegations of unlawful public exposure or certain indecent acts
- Some offenses are misdemeanors, while others can be felonies
- The location, alleged behavior, and applicable statute matter
Juvenile Lewd or Lascivious Offenses
- Involves allegations against individuals under 18, with different offense classifications for some charges.
- Juvenile cases can involve a separate court process, while some serious allegations can lead to prosecution in adult court.
- We review the allegations, applicable procedures, and potential consequences to develop an appropriate defense.
How Our Lewd Conduct Defense Attorneys Handle Your Case
Lewd or lascivious accusations require immediate attention. We investigate the allegations, review the prosecution’s evidence, and develop a defense strategy to protect your rights and future.
Free Consultation and Case Review
We discuss the allegations, your contact with law enforcement, and whether the prosecution has filed formal charges. We explain the potential consequences and help you understand the steps to take next.
Reviewing the Allegations and Charges
We examine the specific offense alleged under Florida law and determine what the prosecution must prove. This includes reviewing the relevant ages, alleged conduct, and any circumstances that could affect the charge.
Collecting Evidence and Witness Statements
Our defense team reviews available police reports, interviews, messages, digital records, surveillance footage, and other relevant evidence. We also examine how police collected statements and evidence.
Challenging the State’s Case
We identify inconsistencies, disputed facts, potential constitutional violations, and weaknesses in the evidence. We challenge unreliable evidence, examine witness testimony, and assess whether the State can establish every required element of the offense.
Negotiating or Preparing for Trial
We explain your legal options and pursue a strategy suited to your case. This includes seeking dismissal, negotiating reduced charges, or preparing for trial when the evidence and circumstances warrant it.
Common Defenses to Lewd or Lascivious Charges in Florida
An accusation does not automatically establish guilt. A lewd conduct defense attorney examines several issues that may affect whether the prosecution can prove its case.
Insufficient Evidence
The prosecution must prove every element of the charged offense beyond a reasonable doubt. We examine the available evidence, identify gaps in the allegations, and challenge whether the State has met its burden of proof.
Inconsistent or Disputed Statements
Witness accounts can contain conflicting information about dates, locations, conversations, or alleged conduct. We compare statements with communications, records, and other evidence to identify inconsistencies that undermine the prosecution’s case.
Mistaken Identity
When the identity of the accused is disputed, we examine identification procedures, communication records, witness testimony, and other evidence. We challenge unreliable identifications and investigate information that contradicts the allegations.
Lack of Required Intent
Florida law requires proof of intentional conduct for some lewd or lascivious offenses. We review the alleged actions and surrounding circumstances to determine whether the evidence establishes the intent required by the statute.
Digital Evidence and Communication Context
Text messages, social media conversations, photographs, and other electronic records often play a significant role in lewd conduct investigations. We examine the full context of these communications, verify their authenticity, and review the timing and identity of those involved. We challenge digital evidence that is incomplete, misleading, or improperly attributed.
Constitutional Violations or Improperly Obtained Evidence
Law enforcement must follow constitutional requirements when conducting searches, interrogations, and investigations. We examine whether officers violated your rights and seek to exclude unlawfully obtained evidence when appropriate.
Every case has different facts and legal issues. We identify the defenses supported by your evidence and build a strategy around them.
Penalties for Lewd and Lascivious Conduct in Florida
Lewd or lascivious offenses can carry substantial criminal penalties. Florida law considers the nature of the alleged conduct, the ages of those involved, and certain prior convictions when determining the severity of the charge. Potential penalties include:
Second-degree felony
Applies to many adult lewd or lascivious conduct, battery, molestation, and exhibition offenses. Punishable by up to 15 years in prison and fines of up to $10,000.
Third-degree felony
Applies to some offenses committed by individuals under 18. Punishable by up to 5 years in prison and fines of up to $5,000.
First-degree felony
Applies to specified offenses involving qualifying prior convictions. Can carry up to 30 years in prison.
Life felony
Applies to specified lewd or lascivious molestation offenses involving an adult offender and a child under 12. Can result in life imprisonment.
Misdemeanor charges
Certain related offenses, including a first violation of Florida’s unlawful exposure statute, can result in up to 1 year in jail.
A conviction can also lead to consequences beyond fines and imprisonment:
Probation and supervision
Sentencing can include probation, restrictive supervision conditions, and court-ordered treatment.
Sex offender registration
Qualifying convictions require registration under Florida law, with ongoing reporting obligations and restrictions that can affect housing, employment, and travel.
As your lewd or lascivious crime lawyer, we review the charges against you, explain the penalties you’re facing, and develop a defense aimed at protecting your rights and future.
Why Hire Cobb Law Firm for Your Lewd Conduct Case?
Lewd or lascivious allegations often involve sensitive evidence, disputed statements, and serious potential consequences. At Cobb Law Firm, we bring decades of criminal defense experience to cases involving sensitive allegations, disputed statements, and complex evidence. Our firm represents clients in Fort Walton Beach, Destin, Okaloosa County, and throughout Northwest Florida.
What Clients Say
Real reviews from people who spoke with Stephen G. Cobb about their case.
“We had a very professional consultation with Mr. Cobb. I appreciated his factual and honest legal opinion, which was exactly what I was looking for. He was also extremely patient and friendly.”
“Very knowledgeable and offered excellent references and information pertaining to our request and was engaged in the conversation. Most importantly our consultation was not rushed - he was not counting the minutes like most attorneys. Mr Cobb addressed all of our concerns and you can tell he has a passion for law.”
“I really appreciated Mr. Cobb steering me in the right direction regarding my legal matter. He was very helpful and honest.”
FAQs
What Is the Difference Between Lewd Conduct and Lewd Molestation in Florida?
Lewd or lascivious conduct under Florida Statute 800.04(6) involves certain intentional touching or solicitation involving someone under 16. Lewd or lascivious molestation under §800.04(5) involves specifically defined sexual touching of certain body areas. The offenses have different legal elements and may carry different penalties.
Can You Be Charged Without Physical Contact?
Yes. Some lewd or lascivious offenses do not require physical contact. For example, §800.04(7) addresses certain sexual acts performed in the presence of a person under 16. Soliciting a minor to commit a lewd or lascivious act may also be prosecuted under §800.04(6). Other allegations, including indecent exposure, may fall under separate Florida statutes.
Does Consent Matter in a Florida Lewd or Lascivious Case?
Under §800.04, the alleged victim’s consent is not a legal defense. The statute also prohibits a defense based on a mistaken belief about the alleged victim’s age, even if that person misrepresented their age. However, the prosecution must still prove that the accused committed the charged offense. A lewd or lascivious acts lawyer in Florida can examine whether the evidence establishes every required element of the specific charge.
Does a Lewd and Lascivious Conviction Require Sex Offender Registration?
Many qualifying convictions under Florida Statute 800.04 can result in mandatory sex offender registration. The requirements depend on the offense, the conviction, and the applicable registration laws. A defense attorney can explain whether registration may apply to the specific charges.
Can Lewd or Lascivious Charges Be Dismissed or Reduced?
Potentially. The outcome depends on the evidence, the legal elements of the charge, and any issues affecting the prosecution’s case. A defense attorney may challenge insufficient evidence, disputed allegations, improperly obtained evidence, or other relevant issues. Dismissal or reduction is not guaranteed.
How Much Does a Lewd Conduct Lawyer Cost in Florida?
At Cobb Law Firm, we offer a free initial consultation to discuss the allegations against you, review your circumstances, and explain our legal fees. You’ll have the opportunity to ask questions about representation and understand your options before deciding how to proceed.
Talk to a Florida Lewd Conduct Lawyer: Free Consultation
If you are facing allegations of lewd or lascivious conduct, a lewd conduct attorney at Cobb Law Firm can review the allegations, explain the potential consequences, and help you determine the next steps in your defense. We represent individuals facing misdemeanor and felony sexual offense allegations in Fort Walton Beach, Destin, Okaloosa County, and surrounding Northwest Florida communities.
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