Lewd or Lascivious Battery Lawyer

What Is Lewd or Lascivious Battery? 

Florida Statute 800.04 defines lewd or lascivious battery as when an individual does the following: 

• Engages in sexual activity with a minor 12 years of age or older but less than 16 years of age 
• Encourages, forces, or entices any person less than 16 years of age to engage in one of the following acts: 
• Prostitution 
• Sadomasochistic abuse 
• Sexual bestiality 
• Any other act involving sexual activity, which the law defines 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.” 

Under Statute 800.04, you can find other definitions related to these sex crimes and the characteristics of the following offenses: 

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

What Are Lewd or Lascivious Battery Laws in Florida? 

Several laws in Florida relate to lewd and lascivious battery crimes. The primary rule is Statute 800.04. However, other laws spell out the expected penalties for different but related charges. 

Children 16 or Younger 

Florida Law often hands down more severe punishments for crimes that involve sexual acts against children who are 16 or younger, especially if the offender was over the age of 18 at the time of the crime. 

There are some exceptions if both the offender and the victim were at least 16 but under 18 at the time of the crime. 

Notably, the most severe lewd and lascivious crimes are those committed by an offender aged 18 or older against a victim aged 12 or under. 

Elderly or Individuals with Disabilities 

Florida Statute 825.1025 details lewd and lascivious offenses committed upon or in the presence of an elderly person or a person with disabilities, especially those who lack the capacity to consent. 

Punishments for these crimes are similar to other lewd and lascivious offenses. 

What Is the Penalty for Lewd or Lascivious Battery? 

If the victim is between 12 and 16, the charge is a second-degree felony. If convicted, the offender will receive a prison sentence of up to 15 years and a maximum fine of $10,000. 

However, if the offender is 18 or older or has previous convictions, the charge is a first-degree felony. The lewd and lascivious battery in Florida sentence for this crime is up to 30 years in prison and a maximum fine of $10,000. 

In addition to these penalties, those convicted must register as a sexual offender. Sex offender registration is for life and will drastically alter where you can live, work, and who you can associate with. 

What Are Potential Defenses Against Lewd or Lascivious Battery? 

Sometimes, your criminal defense attorney can create a defense that will compel the state to reduce or drop the charges against you. 

Disclaimer: the examples mentioned below do not constitute formal legal advice. Always hire a lawyer who can craft a defense specific to your case rather than try to defend yourself in court. 

A common lewd and lascivious battery defense is a lack of lewd intent. The state must prove to the jury beyond a reasonable doubt that you acted with lewd intent. Your lawyer can use this defense if you didn’t act as such, and there’s evidence to prove so. 

Your attorney may also argue mistaken identity or false accusations (if relevant). There are several reasons why an alleged victim may falsely report a crime, such as jealousy or manipulation. 

Prohibited Defenses to Lewd or Lascivious Battery 

When facing sex crime charges, there are several defenses your lawyer cannot use. Statute 800.04 states the following defenses are prohibited: 

• Consent 
• Ignorance of age 
• Proximity in age 
• Victim’s lack of chastity 

If you hire an attorney who wants to use one of these defenses in court, you should hire a different lawyer. They should know better than to use a prohibited defense in a sex crimes case. 

The Process: What to Expect When Working with Mike G Law 

Call the law firm for a free consultation if you need a lewd and lascivious battery lawyer in Tampa. In the initial meeting, Mike G will review your case’s details and advise on how to proceed. He will always offer an honest opinion and assist with the entire legal process, from pre-file investigations to defending you in court. 

However, as one of the most experienced Tampa sex crime lawyers, Mike G is not here to be your friend. He will stand up for your rights and provide the best defense possible in your case. 

FAQs About Lewd or Lascivious Lawyers in Tampa 

It’s natural to have further questions about lewd and lascivious crimes. Below, you can find the answers to some common questions the firm receives. 

Is Lewd or Lascivious a Felony in Florida? 

Nearly all lewd and lascivious offenses in Florida are felony charges. This means if the state convicts you of a lewd or lascivious crime, you will face a charge between a third-degree felony up to a life felony, depending on the nature of the crime, the age of the victim, and your age at the time of the crime. 

Sometimes, when one adult acts in a lewd or lascivious manner toward another adult, the crime is a misdemeanor. However, lewd and lascivious offenses usually imply the victim is a minor or under 16. Thus, these are felony crimes with more severe punishments. 

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

The statute of limitations for lewd and lascivious crimes in Florida differ greatly based on the crime committed and the victim’s age. 

Typically, if the crime committed is a second or third-degree felony, the statute of limitations is three years. The state has three years after the crime ended to begin a trial. They don’t need a conviction within three years; they must only start a trial against an alleged offender. 

If the crime committed is a first-degree felony, that statute of limitations increases to four years. The state must start a trial within four years after the crime, or after the last time the crime occurred if the crime was recurring. 

However, when the victim of a sex crime is under the age of 18, the statute of limitations doesn’t begin until one of two things happens first: 

• The victim turns 18 
• Law enforcement becomes aware of the crime 

Thus, if the victim of the crime was 15 and law enforcement didn’t find out about the crime before the victim’s 18th birthday, the statute of limitations would be significantly longer since it didn’t begin until their 18th birthday. 

On the other hand, the state views some lewd and lascivious crimes, like lewd and lascivious battery and lewd and lascivious molestation against a minor under 16, to be extremely serious, so these crimes don’t have a statute of limitations. Further, if the lewd and lascivious crime is a life felony offense, there is no statute of limitations. 

What Are Examples of Lewd and Lascivious? 

Lewd and lascivious behavior refers to actions with sensual intent that further an offensive sexual desire. Because the action is improper, it often involves minors. 

As the age of consent in Florida is 18, anyone under the age of 18 is not able to consent to these acts. In many lewd and lascivious cases, the minor “consented” to the sexual contact. However, their consent is invalid because they are under the age of consent. 

Examples of lewd and lascivious behaviors include: 

• Groping 
• Indecent exposure 
• Sexually touching someone or getting someone to touch you sexually 
• Convincing or forcing others to sexually touch each other