Lascivious Exhibition Lawyer in Tampa

What Is Lewd and Lascivious Exhibition? 

Under Florida Statute 800.04, there are four types of lewd and lascivious acts. Lewd and lascivious exhibition is when a person intentionally does one of the following in the presence of a minor who is under 16 years of age: 

• Masturbates 
• Exposes their genitals in a lewd and lascivious manner 
• Commits any other sexual act that doesn’t involve physical or sexual contact with the victim, such as: 
• Sadomasochistic abuse 
• Sexual bestiality 
• Simulating any action involving sexual activity 

The law defines sexual activity as “the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.” 

This law also details the three other lewd and lascivious behaviors and their penalties: 

• Lewd and Lascivious Battery 
• Lewd and Lascivious Conduct 
• Lewd and Lascivious Molestation 

What Are the Penalties for Lewd and Lascivious Exhibition in Florida? 

Those guilty of lewd and lascivious exhibition can expect several serious penalties. 

The lewd and lascivious exhibition charge for a convicted offender 18 years or older is a second-degree felony. However, Florida law states that if the offender is under 18, the charge is a third-degree felony. 

If convicted of a second-degree felony, the lewd and lascivious exhibition in Florida sentence is up to 15 years in prison and a maximum fine of $10,000. The penalty for a third-degree felony is a prison sentence of up to five years and a fine of up to $5,000. 

In addition to prison sentences and monetary fines, those convicted of lewd and lascivious exhibition will receive sex offender probation. Sex offender probation is generally more strict than regular probation. You’ll have to follow more rules, and it will restrict you from having contact with any of your victims as well as from a general category of people, like minors. 

Those convicted must also register as sex offenders on the Florida sexual offender registry. Your name will remain on the registry for life, and you must submit your personal information to the database yearly. 

Sex offender registration affects nearly every aspect of your life. You cannot interact or engage with specific individuals, live near schools or daycares, or work in particular jobs. You will often need to check in with a probation officer to ensure you continue to follow all the rules associated with being a registered sex offender. 

Due to the severity of these penalties, it’s best to hire a criminal defense attorney to defend you against any pending lewd and lascivious charges. 

What Are Common Defenses Against Lewd and Lascivious Charges? 

Disclaimer: these are only examples of common defenses a lewd and lascivious exhibition lawyer in Tampa may use. This information is not formal legal advice, and it is advisable not to represent yourself in court. Always seek counsel to represent you and handle legal proceedings for the best outcome. 

For the state to carry out criminal charges, it must prove beyond a reasonable doubt that the alleged offender acted with lewd intent. If there was no lewd intent, there was no crime. 

For example, if you were changing your clothes in your bedroom with the shades open and some children walked by and saw you naked, this is not a crime. You did not intend to show yourself sexually to the children, and it was a poor coincidence they saw you. In this case, the lewd and lascivious exhibition defense would be a lack of lewd intent. 

Further, it may be possible for your lawyer to argue that the criminal act never occurred in the event of false allegations or that there was a case of mistaken identity. All too often, individuals will create allegations out of jealousy, manipulation, or mental illness or confuse offenders in times of distress. 

Importantly, ignorance of a minor’s age is not a valid defense under Florida law. Find a new lawyer if you meet with an attorney who wants to use this defense in your case. 

Our Process: What to Expect with Mike G as Your Lewd and Lascivious Lawyer in Tampa 

The first step to working with Mike G is to call the office and schedule your free consultation. During the consultation, Mike G will review your case and begin pre-file investigations, should there not already be charges pending against you. If the state has already filed charges, he will start working on your defense and offer guidance on an outcome you can expect. 

While a skilled attorney, Mike G is not your friend. He will not make empty promises about getting you out of a situation where there is ample evidence a crime occurred. But he will be honest and work diligently to guarantee you receive fair treatment under the law. He always ensures the state doesn’t violate your civil rights. 

FAQs About Lewd and Lascivious Exhibition Lawyers in Tampa 

If you have questions about lewd and lascivious exhibition, we answer some of the most commonly asked questions below. If you have further questions, contact the office for more guidance. 

Is Lewd and Lascivious a Felony in Florida? 

Yes, because of their severity, all lewd and lascivious crimes in Florida are felony charges, not misdemeanors. Depending on several factors, the offense can range from a third-degree felony to a life felony. These factors include: 

• Nature of the crime 
• Age of the victim 
• Age of the offender 

What Is the Statute of Limitations in Florida for Lewd and Lascivious? 

The statute of limitations for second- or third-degree felony lewd and lascivious crimes is three years. The prosecution must begin a trial within three years after the act (or after the last time it occurred if it was an ongoing act). 

For a first-degree felony lewd and lascivious crime, the statute of limitations is four years. Thus, a trial must begin within four years after the act occurred or stopped occurring (for recurring actions). 

Notably, if the victim of the crime was under 18, the time on the statute of limitations doesn’t begin until they turn 18 or when law enforcement learns about the crime. Whichever occurs first is when the clock starts to countdown the time the state has to begin a trial. Depending on the victim’s age and/or how long it takes law enforcement to find out about the crime, this can significantly extend the statute of limitations. 

More serious lewd and lascivious crimes, such as battery and molestation committed against a victim under 16, don’t have a statute of limitations. The only exception is if the offender of lewd and lascivious molestation was under 18 and less than one year older than the victim at the time of the crime. 

Additionally, any lewd and lascivious crime that results in a life felony doesn’t have a statute of limitations. 

Never wait for the statute of limitations to run out on a crime. Always hire a sex crime attorney to handle your case, especially if you are unsure if and when the state may bring charges against you. 

What’s Considered Lewd and Lascivious in Florida? 

Generally, Florida law defines lewd and lascivious acts as engaging or enticing a child under 16 to engage in any form of sexual activity. It also includes intentionally lustfully touching a minor. 

The law may refer to some of these crimes as statutory rape. This is because the acts are sexual in nature, and they involve those under the age of consent. The age of consent in Florida is 18.