Florida Sex Crimes: Unnatural & Lascivious Acts
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According to Florida Statute 800.02, it’s against the law to perform “unnatural or lascivious acts.” This is exactly what the statute says:
“A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree. A mother’s breastfeeding of her baby does not under any circumstance violate this section.”
The law doesn’t explain what acts are considered “unnatural” or “lascivious,” only that public breastfeeding isn’t included. However, we do know that getting charged can result in a second-degree misdemeanor—which can mean jail time, a permanent criminal record, and a publically available mugshot.
Here at Mike G Law, we represent clients of all kinds who have been accused of committing unnatural, lewd, or lascivious acts—and we also keep this poorly-defined law from running rampant over your rights. In this article, Mike G explains what you need to know about the law and what to do if you’re arrested for violating it.
What is an unnatural and lascivious act?
There isn’t a definitive list of everything considered “unnatural and lascivious” in the eyes of the law. Different people have a variety of opinions about what is and isn’t included under this definition.
For example, nudists often believe complete nudity is the most natural state we exist in, including nudity in public—but others might find this absolutely unacceptable and accuse nudists of behaving “unnaturally.”
Some examples of behavior commonly considered “unnatural” or “lascivious” include:
- Having sexual contact in a public area or in view of the public
- Displaying genitals in public or in view of the public (considered indecent exposure or “flashing”)
- Soliciting a prostitute or sex worker
- Sexual assault or battery
- Having sexual contact with a minor (statutory rape)
While the law aims to protect the public from harm, there have been cases where vague definitions of “unnatural” have been used to target people unfairly.
In our experience at Mike G Law, we’ve seen accusations of “unnatural” behavior used against members of the LGBTQ community. Undercover officers have entrapped gay men into committing sexual acts in “public” by pretending to be consenting partners and behaving flirtatiously. When an unsuspecting individual responds, an undercover officer will arrest him for a sex crime.At Mike G, our goal is to protect those who aren’t being treated fairly by the law. When you talk to us, you can feel confident you’re speaking to an attorney who’s on your side.
Frequently Asked Questions About Florida Sex Crimes
Can you get arrested for having sex in a parked car on the side of the road? Is it illegal to have sex in your car?
One of the most common questions we get is whether having sex in a car is against the law. While Florida law doesn’t expressly prohibit sexual activity in a vehicle, it’s still possible to be charged with a crime if the act is done in public view.
Suppose a police officer sees a couple engaging in sex in a car in view of the public. In that case, the officer may arrest the couple for public indecency, which is considered “lascivious.” The couple may also be charged with disorderly conduct, which is defined by Florida Statute 877.03 as any act that “corrupt[s] the public morals, or outrage[s] the sense of public decency.”
Both are considered second-degree misdemeanors, which carry jail sentences of up to 60 days and fines of up to $500.
Is it illegal to breastfeed a baby in public?
It is 100% legal to breastfeed a baby in public. In fact, Florida law has a special exception for breastfeeding parents—which was added because police officers used to actually arrest nursing mothers for violating this law. Public breastfeeding is also protected by federal law.
Is urinating in public considered unnatural, lewd, or lascivious?
Urinating in public is considered a crime of indecent exposure in Florida under Florida Statute 800.03. Urinating is not considered an unnatural act, but public exposure of genitalia isn’t permitted and is considered a sex crime, even if the exposure wasn’t for sexual purposes.
Urinating in public is a first-degree misdemeanor, which means you may face up to a year in jail and heavy fines if you’re convicted.
What do I do if I’ve been accused of a sex crime or unnatural act?
If you’ve been arrested for a sex-related crime, we recommend you call the team at Mike G immediately. Don’t try to talk your way out of a sex crime—you need professional representation to help defend your rights.
Even if a charge seems minor, a sex crime can haunt you for the rest of your life and stop you from finding jobs, renting a home, or getting a loan from a bank. At Mike G Law, we know how to fight charges of unnatural, lascivious, lewd, and indecent acts.
No matter the charge, contact us today to learn how we can help.
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