Lewd and Lascivious Behavior in Tampa

What Is Lewd & Lascivious Behavior? 

Generally, acts of lasciviousness or lewd and lascivious behavior are sexual behavior or conduct that is crude and offensive or contrary to standards of appropriate behavior. 

Florida Statute 800.04 further defines lewd and lascivious acts and separates them into four main categories. They are: 

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

Lewd and lascivious battery is when one engages in sexual activity with a child older than 12 years old but younger than 16 or encourages, forces, or entices a minor younger than 16 to engage in one of the following: 

• Prostitution 
• Sadomasochistic abuse 
• Sexual bestiality 
• Another act involving sexual activity 

Lewd and lascivious conduct is when someone touches any part of a minor’s body that is not a sexual organ in a provocative or sexual manner. Soliciting a child under 16 to commit a lewd or lascivious act also qualifies. 

Lewd and lascivious exhibition is when a person does one of the following in the presence of a minor under age 16: 

• Intentionally masturbates or exposes their genitals in a lewd and lascivious manner 
• Intentionally commits another sexual act that doesn’t involve physical or sexual contact, such as sadomasochistic abuse or sexual bestiality 

Lewd and lascivious molestation is when somebody intentionally touches one of the following body parts of a minor less than 16 years old in a lewd or lascivious manner: 

• Breasts 
• Buttocks 
• Genitals 
• Genital area 
• Any item of clothing covering one of these body parts 

What Are Lewd & Lascivious Behavior Laws in Florida? 

Statute 800.04, mentioned above, is the primary Florida law regarding lewd and lascivious offenses committed upon or in the presence of a minor less than 16 years of age. In addition to providing definitions of various lewd and lascivious crimes, it details their punishments. 

Florida Statute 798, “Adultery and Lewd and Lascivious Behavior,” also discusses lewd and lascivious behavior amongst adults. 

What Are Potential Defenses Against Lewd & Lascivious Behavior? 

When charged with lewd and lascivious behavior, there are several defenses your sex crime attorney may use to drop or reduce the charges against you. 

Disclaimer: The criminal defenses discussed here are not formal legal advice. Hiring a criminal defense attorney to handle your charge rather than defend yourself is best, as not every defense suits every case. A lawyer will create a defense specific to your circumstances with the best chance of providing a favorable outcome. 

A common lewd and lascivious behavior defense is false allegation. Frequently, alleged victims will falsely accuse the alleged offender because of the following: 

• Coercion 
• Jealousy 
• Manipulation 
• Mental illness 

While law enforcement and the state are responsible for thoroughly investigating a crime before charging someone, their efforts often fall short. An experienced criminal defense lawyer can conduct an extensive investigation on your behalf to prove the allegations against you are false. 

Another common defense is a lack of lewd intent. This defense is valid if your attorney can prove that there was no obscene intention behind the behavior. Instead, your lawyer can prove the conduct was innocent or nonsexual. 

Importantly, you cannot use consent or ignorance of the victim’s age as defenses for lewd and lascivious crimes. Florida law deems these defenses invalid. 

Our Process: What to Expect When Working With Mike G Law 

When you work with Mike G, you know he will do everything in his power to guarantee the state doesn’t violate your civil rights or try to prosecute you for crimes you did not commit.  

As your sex crime lawyer, he will assist with the pre-filing investigation, planning your defense, and prosecuting your case. He will always be honest about your situation and the outcome you can expect to receive, without offering empty promises. 

FAQs About Lewd & Lascivious Behavior Lawyers in Tampa 

Because of Florida’s extensive lewd and lascivious behavior laws, it’s natural to have questions about the different types of lewd conduct. Below, you can find the answers to some of the most common questions about these sex crime charges. 

What Is the Sentence for Lewd and Lascivious Behavior in Florida?  

The lewd and lascivious behavior Florida sentence varies depending on the offender’s age, the victim’s age, and the crime’s nature. 

The sentence for second-degree misdemeanor lewd and lascivious behavior conviction is up to 60 days in county jail. A first-degree misdemeanor conviction is up to one year in jail. 

Yet, if you receive a felony conviction, you’ll face a prison sentence, not a jail sentence. In Florida, the felony prison sentence penalties are as follows: 

• Third-degree felony – up to five years 
• Second-degree felony – up to 15 years 
• First-degree felony – up to 30 years 
• Life felony – up to life in prison 
• Capital felony – up to life in prison and the death penalty 

Is Lewd & Lascivious a Felony in Florida? 

Under Florida Statute 798.02, lewd and lascivious behavior is a second-degree misdemeanor. This is when a man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior. 

However, sex offenses, including lewd and lascivious crimes, are some of the most severe crimes under Florida law. Thus, a lewd and lascivious behavior charge can quickly become a felony based on the nature of the crime. 

For example, lewd and lascivious battery is a second-degree felony. But if the offender is an adult with a history of sexual contact with minors and is already a registered sexual offender, the charge will be a first-degree felony. 

Lewd and lascivious contact and lewd and lascivious exhibition are third or second-degree felonies, depending on the offender’s age. 

Lewd and lascivious molestation is usually a second-degree felony. However, if the person who committed the crime is under 18, it is a third-degree felony. Conversely, if the age of the victim of lewd and lascivious molestation is under 12, the offense is a life felony. 

In addition to the sentences (and fines) for these crimes, those convicted must also input their personal information in Florida’s sex offender registration database. Being a registered sex offender comes with its own set of challenges, as you will have limits on where you can live and work and whom you can associate with. 

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

For a second-degree misdemeanor lewd and lascivious behavior charge under Statute 800.02, the state only has one year to bring criminal charges against an alleged offender. Under Statute 800.03, the statute of limitations for a first-degree misdemeanor lewd and lascivious behavior charge is two years. 

If the lewd and lascivious behavior is a first-degree felony, the prosecution must begin within four years after the act. If the lewd and lascivious behavior is a second or third-degree felony, the trial must start within three years after the act. 

Yet, if the victim of the crime was under 18, the time doesn’t begin until the victim reaches age 18 or when law enforcement learns about the crime, whichever occurs first. This essentially extends the statute of limitations. 

Lewd and lascivious battery and lewd and lascivious molestation committed against a victim under 16 (unless the offender was under 18 and less than one year older than the victim) don’t have a statute of limitations. 

Capital felonies, life felonies, and felonies that result in death also don’t have a statute of limitations.