Florida Statute 800.04 governs lewd or lascivious crimes committed on or in the presence of minors under the age of 16. Under this law, it is illegal to engage in lewd or lascivious battery or molestation against these minors. Molestation involves intentionally touching in a lewd way the sexual areas of the victim’s body or the clothing covering these areas or forcing or enticing the minor to do the same to the offender. The charges and penalties in these crimes will depend on various factors, such as the ages of the alleged offender and the victim and other factors.
Facing charges under 800.04 is a serious matter as a conviction may result in mandatory registration as a sexual predator which is a more serious matter than being labeled a sexual offender. Either way, you will need the services of a competent and dedicated sex offense defender. At Cobb Criminal Defense Law Firm, you can work with a team that provides aggressive representation against all types of sex crimes. Founding Attorney Cobb has the trial experience as well as the negotiation skills you need when facing the Florida criminal court process.
Contact Cobb Criminal Defense Law Firm via our website or at (850) 669-5882 to arrange for a free initial case evaluation with an Okaloosa County, Fl lewd and lascivious crime attorney today.
More About Lewd & Lascivious Offenses in Florida
Lewd or lascivious battery is a crime similar to sexual battery. Florida law makes it a crime to engage in sexual activity with a minor between the ages of 12 and 16. This involves any type of sexual activity, including prostitution, and includes oral, anal, or vaginal penetration by the sexual organs of a person or by an object. You cannot use the defense that the alleged victim has already slept with others, that you were unaware of the victim’s age, or the defense of consent.
Lewd and lascivious battery is charged as a second-degree felony carrying up to 15 years in prison along with a fine.
Lewd or lascivious molestation, as described in the opening paragraph, also does not allow for the defense that both the alleged offender and the victim were minors. This law describes sexual contact rather than sexual activity and is the law most generally associated with molestation. How it is charged depends on the ages of the offender and the alleged victim.
The charges can include:
- Life felony punishable by 30 years up to life in prison for offenders 18 years or older and victims under the age of 12
- Second-degree felony punishable by up to 15 years in prison for offenders under 18 against victims under 12
- Second-degree felony punishable by up to 15 years in prison for offenders 18 years or older against victims between the ages of 12 to 16
- Third-degree felony punishable by up to five years in prison for offenders under 18 and victims aged 12 and above
Under 800.04, lewd or lascivious conduct and exhibition are also crimes involving touching someone under 16, soliciting the minor to commit a lewd or lascivious act, or engaging in indecent behavior in the presence of minors.
All of these sex offenses are serious matters that can greatly impact your life and your future. A sex crime conviction can impair your ability to find employment, housing, and other life opportunities. The time to begin your fight against such allegations is as early as possible.
Contact Cobb Law to get the help you need today.
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