What Are Lewd or Lascivious Acts?
Florida Statute § 800.04 outlines the types of offenses and acts that are considered lewd or lascivious acts. Offenses that are considered lewd or lascivious acts include:
- Lewd or lascivious battery, which occurs when the alleged offender engages in sexual activity (i.e. oral, anal, or vaginal penetration, contact between the sexual organ with an object, etc.) with a minor who is between the age of 12 and 16 or encourages or forces a minor who is under the age 16 to engage in any act involving sexual activity, including sexual bestiality, prostitution, and sadomasochistic abuse. A violation of this offense is considered a second-degree felony unless they are an adult offender and have been previously convicted of kidnapping, sexual battery, abuse or neglect of a disabled or elderly person. In cases of previous convictions, offenders can be charged with a first-degree felony.
- Lewd or lascivious molestation, which occurs when the alleged offender intentionally touches a person’s genitals, genital areas, butt, or breasts, or the clothing that covers them if that person is under the age of 16. An alleged offender can also be charged with this offense if they force or entice a minor under 16 years old to touch the offender in such a way. If the offender is over 18 years old, they can be charged with a life felony if the victim is under the age of 12 or a second-degree felony if the victim is between the ages of 12 and 16. Offenders under the age of 18 can be charged with a second-degree or third-degree felony depending on the age of the victim.
- Lewd or lascivious conduct, which occurs when an alleged offender touches a person under 16 years old intentionally in a lewd or lascivious manner or asks a person under 16 years old to commit a lewd or lascivious act. Even seemingly touches like a tap on the butt during a sports game or a brush across a person’s shoulder can be seen as lewd or lascivious conduct if they are seen as sexual or lewd in intent. This offense is punishable as a second-degree felony if the alleged offender is an adult or as a third-degree felony if the alleged offender is a minor.
- Lewd or lascivious exhibition, which occurs when intentionally masturbates, sexually exposes their genitals, or commits a sexual act that doesn’t involve physical or sexual contact with the supposed victim (a person who is less than 16 years old) but does so in their presence. This offense is punishable as a second-degree felony if the alleged offender is an adult or as a third-degree felony if the alleged offender is a minor.
Penalties for Lewd or Lascivious Acts in Florida
The charges an alleged offender faces depend on the specific act they supposedly committed. The breakdown of penalties for the various felonies is as follows.
- A third-degree felony is punishable by a fine of no more than $10,000 and up to 15 years of imprisonment.
- A second-degree felony is punishable by a fine of no more than $5,000 and up to 5 years of imprisonment.
- A life felony is punishable by a fine of no more than $15,000 and life in prison.
Being convicted of a felony can impact your rights and freedoms, including your right to bear arms. If you are convicted of a lewd or lascivious act, you will also likely face other consequences, including:
- Losing your eligibility for gain time. Gain time is the time awarded to certain offenders that can reduce their sentences. If you have committed an offense outlined in Florida Statute § 800.04, you are no longer eligible for gain time.
- Having to register as a sex offender. If convicted, you will likely have to register as a sex offender, and you will have to follow registration laws and restrictions applicable to sex offenders throughout the United States.
- Being forced to adhere to sex offender probation restrictions. If you are awarded probation after committing a lewd or lascivious act, you will have to follow additional terms and conditions, such as having a mandatory curfew, adhering to restrictions on who you can contact, and attending a treatment program participation.
- Having a permanent criminal record. A felony conviction will become a permanent part of your record and can affect your ability to obtain employment, a loan, or certain educational opportunities.
Arrested for Lewd or Lascivious Acts? Contact Our Firm Today!
If you or a loved one has been arrested or charged with a sex crime, including lewd or lascivious acts, our attorney is here to help you. Our team at the Law Office of Jody L. Fisher has over 20 years of collected experience, and once you retain us, we can help you:
- Understand your legal rights and options
- Develop a personalized defense strategy (i.e. lack of intent, false allegations, etc.)
- Alleviate some of the stress by handling the case legalities
- Understand the potential case outcomes
- Work to potentially mitigate the penalties
If you have been accused of a sex crime, your rights and freedoms are at stake, which is why you need aggressive and reliable representation. You can trust that our team and attorney can work tirelessly to help you achieve the best possible case results.
To schedule a case consultation and speak with a member of our team concerning your case, call (352) 503-4111 or reach out online today.