Lewd and Lascivious Molestation Lawyer in Tampa

What Is Lewd and Lascivious Molestation? 

“Lewd” and “lascivious” are two words with very similar meanings. They describe a person doing an act in a way that is: 

• Indecent 
• Licentious 
• Lustful 
• Obscene 
• Unchaste 
• Vulgar 
• Wicked 
• With sensual intent 

Under Florida Statute 800.04, lewd and lascivious molestation is when someone intentionally touches the following body parts of a minor 16 years of age or younger in a lewd and lascivious manner: 

• Breasts 
• Buttocks 
• Genitals or sexual organs 
• Genital area 
• Any article of clothing covering one of these body parts 

Lewd and lascivious molestation is also when someone forces or entices a minor under 16 to touch the offender in one of these areas. 

This Florida law also details other lewd and lascivious crimes, such as: 

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

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

Lewd and lascivious molestation crimes are severe sex crimes and, thus, will always be a felony charge and not a misdemeanor. However, the lewd and lascivious molestation Florida sentence and penalties vary based on three main factors. They are: 

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

Sex offenses against minors, especially those younger than 12, are grave crimes. If the offender in a lewd and lascivious molestation crime is 18 or older and the victim is under 12, the charge is a life felony. The punishment is up to life in prison and a maximum fine of $15,000. 

If the offender is 18 or older and the victim is 12 or older but under 16, the crime is a first-degree felony. The penalties for a first-degree felony are a prison sentence of up to 30 years and a fine of up to $10,000. 

In the following instances, a lewd and lascivious molestation charge is a second-degree felony: 

• The offender is less than 18, and the victim is less than 12 
• The offender is 18 or older, and the victim is 12 or older but under 16 

A second-degree felony is punishable by up to 15 years in prison and a maximum fine of $10,000. 

If the offender is younger than 18 and the victim is 12 years or older but under 16, the charge is a third-degree felony. The penalty for a third-degree felony is up to five years in prison and a maximum fine of $5,000. 

In addition to a prison sentence and fine, those convicted on a lewd and lascivious molestation charge must also register as a sexual offender. The registration requirement will follow you for the rest of your life because it imposes rules on where you can work and live. Sex offender registration also dictates who you can associate with in everyday manners. 

Further, after the prison sentence is complete, the offender will likely need to complete sex offender probation or community control. Sex offender probation is similar to standard probation in most ways. However, while standard probation typically restricts the offender from contacting the victims of the crime, sex offender probation prohibits the offender from contacting a category of persons, such as minors. 

Like standard probation, the amount of sex offender probation time depends on the severity of the crime and the felony conviction. 

Defenses to Lewd and Lascivious Molestation 

Disclaimer: The defenses detailed below do not constitute formal legal advice. It’s best to hire a criminal defense attorney to create a defense on your behalf instead of defending yourself. Your sex crime lawyer will craft a lewd and lascivious molestation defense based on the specific circumstances of your case and the facts available. 

Additionally, it’s important to note that lewd and lascivious molestation is a strict liability crime. This means that you cannot use the following defenses in court: 

• Consent 
• Ignorance of age 
• Proximity in age 

Florida law says these defenses are invalid. 

False Allegations 

Unfortunately, false allegations are common, even regarding crimes as serious as sex crimes. There are many reasons why an alleged victim may falsely accuse an alleged offender, but some include jealousy, manipulation, or mental illness. 

The state and law enforcement are responsible for proving that the sexual activity or conduct occurred. But sometimes, their efforts fall short, and the alleged offender needs to prove their innocence. A skilled criminal defense lawyer is the best person to help show you didn’t commit the alleged crime. 

Lack of Lewd Intent 

To get a conviction for lewd and lascivious molestation, the state must prove the sexual act or contact was intentional or willful. It cannot be accidental. 

Our Process: What to Expect When You Work With Mike G Law 

First, schedule a free consultation with Mike G to review your case. If the state has already filed criminal charges against you, Mike G will begin developing a defense strategy. However, if the state hasn’t yet filed formal charges, Mike G can attempt to show the state through evidence available that the crime they think occurred did not happen as they were led to believe. Based on available evidence, the state may need to drop or reduce its planned charges. 

Mike G is one of the most experienced Tampa sex crime attorneys. His job is to work diligently on your case, but he is not your friend. He will not coddle you through the judicial process but will be honest about your circumstances and the outcome you can expect. 

FAQs About Lewd and Lascivious Molestation Lawyers in Tampa 

If you have more questions about lewd and lascivious behavior, the law firm can help. Read the answers to some commonly asked questions regarding these crimes below. 

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

Generally, if the crime results in a first-degree felony, the prosecution must begin a trial within four years after the act. The prosecution has three years to go to trial for second and third-degree felonies. 

However, the statute of limitations for lewd and lascivious molestation differs from these rules. The time limit imposed on the state depends on the charge. 

For example, if the lewd and lascivious molestation crime results in a life felony, there is no statute of limitations. This means the state can prosecute the alleged offender any time after the crime. 

If the alleged offender committed lewd and lascivious molestation on a minor under 16, no statute of limitations exists either. 

There will be a statute of limitations for lewd and lascivious molestation if the offender is under 18 and no more than one year older than the victim. 

Should there be a statute of limitations, the time doesn’t begin until the victim turns 18 or someone reports the offense to law enforcement. Whichever occurs first is when the time starts for the statute of limitations. 

What Is the Meaning of a Lewd Act? 

Under 10 U.S. Code § 920b, a lewd act is one of the following: 

• Any sexual contact with a child 
• Intentionally using indecent language or exposing one’s anus or buttocks, female areola or nipple, or genitalia to a child or by any means, including communication technology, with the intent to 
• Abuse 
• Arouse 
• Degrade 
• Gratify one’s sexual desire 
• Humiliate 
• Intentional indecent conduct with or in the presence of a minor, even via communication technology, that results in immorality relating to sexual impurity, which is obscene, vile, or vulgar to common decency and excites sexual desire or depraves morals concerning sexual relations 

Essentially, a lewd act is an unlawfully arousing sexual interest of oneself or a person toward which the offender directs the lewd act. 

What Are Examples of Lewd and Lascivious? 

Lewd and lascivious acts can include many different actions, such as: 

• Groping 
• Indecent exposure 
• Sexually touching someone, getting another person to sexually touch you, or convincing or forcing others to sexually touch each other