Florida Lewd and Lascivious Child Sex Crime Defense

Lewd and lascivious offenses relate to sexual activity involving, or in the presence of, a child younger than 16 years of age. Charges of sex crimes involving minors, including Indecent Exposure, are among the most devastating criminal actions anyone can face. To be merely accused of child sex crimes even without any evidence brings instant condemnation and puts one’s livelihood and liberty at risk.  

And while such charges are easily made, often on insubstantial grounds, hearsay, or innuendo, the harm they do can last a lifetime. That’s why anyone arrested on charges of lewd and lascivious conduct urgently needs to talk to an aggressive and experienced criminal defense attorney. The sooner a lawyer can establish the facts and understand the circumstances, the better you’ll be able to limit the damage from such charges. In this situation, you’ll want the best criminal defense lawyer you can get. Consider the Sex Crime Defense Lawyers at the Rivas Law Firm. Call 407-644-2466 for a free consultation.

Lewd and Lascivious Charges in Florida

Lewd or Lascivious Battery

Generally defined as engaging in intercourse with a child over the age of 12 but younger than 16, Lewd or Lascivious Battery is a Second-degree Felony punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine. Under most circumstances, a judge is required to sentence convicted offenders to a minimum of seven years and nine months in prison, followed by a minimum of two years of sex offender probation. Prisoners are required to serve their entire sentence.

Lewd and Lascivious Molestation

Molestation is defined as sexual activity with a minor, short of intercourse. It means intentionally touching the sexual areas of a child younger than 16 in a lewd manner or encouraging or forcing a child to touch a perpetrator in such a way. Penalties for child molestation in Florida depend on several aspects of the incident, including the age of both perpetrator and victim:

Lewd and Lascivious Exhibition

Exhibition, commonly known as Indecent Exposure is when someone “exposes the genitals in a lewd or lascivious manner; or Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim… ” In the case of Lewd and Lascivious Exhibition in Florida, it means the “intentional sexual performance or sexual exposure by an adult in the presence of a child younger than 16.”

The crime of Lewd and Lascivious Exhibition in Florida by someone 18 or older is a Second Degree Felony with a 15-year prison sentence, 15 years of sex offender probation, and a fine of $10,000. 

Lewd and Lascivious Conduct

Lewd and Lascivious Conduct in Florida is the touching or soliciting of a child under 16 years old in a sexual manner that does not amount to molestation. If the perpetrator is 18 or older, it is a Second Degree Felony with a minimum of four years and three months in prison and at least two years of sex offender probation, up to 15 years in prison and 15 years of sex offender probation, and a fine of $10,000. If the perpetrator is under 18, the offense is a Third Degree Felony with a sentence of up to five years in prison plus five years of sex offender probation and a $5,000 fine. 

Lewd and Lascivious Charges Defense

It’s important to know that these charges are known as Strict Liability crimes, meaning that you can not use the defense that the victim consented or that you did not know the victim was underage. But an experienced and aggressive criminal defense attorney can still mount an effective defense.  

It is not uncommon for someone to be falsely charged with these kinds of crimes. In divorce or parental custody cases, one parent can maliciously accuse another. Sometimes people can make these charges out of anger or spite. Sometimes a victim with mental or emotional issues makes false allegations. A diligent defense attorney will conduct a thorough and aggressive investigation of the accuser and the possible motives behind the charges. Sometimes parents or children misread innocent actions as sexual assault or molestation.

If you find yourself facing these kinds of charges, it’s vital to have an experienced legal advocate protecting your rights. Don’t talk with anyone or make any statements until you have spoken with a lawyer. It’s the best way to fight the charges and protect your rights. Call 407-644-2466 for a free consultation with an Orlando Criminal Defense Attorney at the Rivas Law Firm.