Lewd and Lascivious Crimes
The state of Florida criminalizes many different kinds of sexual activity if they are perpetrated against someone under the age of 16. There are four lewd and lascivious crimes that may be charged in the state. Lewd and lascivious acts are defined as those that are perpetrated with wicked, lustful, licentious, or sensual intent. At Hanlon Law, Clearwater sex crime lawyer Will Hanlon understands that it can be frightening to be charged with a sex crime against a minor. He is dedicated to guarding the rights of people accused of battery, molestation, or related offenses.Lewd and Lascivious Crimes in Florida
Lewd or lascivious offenses are those perpetrated against or in the presence of people under 16 years old. If you are charged with one of these four crimes, you cannot raise the victim's consent or lack of chastity as a defense to the charge. You also cannot raise ignorance of the victim's age or argue that the victim lied about their age as a defense to a lewd and lascivious crime.
One of the four lewd and lascivious crimes is lewd or lascivious battery. A prosecutor may be able to secure a conviction for this crime by showing either that you engaged in sex with someone who was 12-16 years old or that you encouraged someone under 16 years old to be involved in S&M, bestiality, prostitution, or another sexual activity. This is a second-degree felony. However, it can be charged as a felony of the first degree if you are 18 or older and have certain prior convictions.
Lewd or lascivious molestation is another lewd and lascivious crime. A prosecutor trying to secure a conviction for this crime needs to prove that the defendant intentionally touched in a lewd or lascivious way the private parts of someone under 16 years old. Alternatively, they must prove that the defendant forced or enticed someone under 16 to touch them. Your age and the victim's age matter to this offense. If you are over the age of 18, and you molest someone who is under 12 years old, you can be charged with a life felony. If you are under age 18, and the victim is age 12 or under, you can be charged with a second-degree felony. If you are under 18, and the victim is an age between 12 and 16, you can be charged with a third-degree felony. However, if you are at least 18, and the victim is 12-16 in age, you can also be charged with a second-degree felony. You can be charged with a first-degree felony if you are an adult who molests a child who is 12-16, and you have certain prior convictions.
Another lewd and lascivious crime is lewd or lascivious conduct. This crime is charged if the prosecuting attorney believes that they can prove that the defendant intentionally touched someone under 16 years old in a lewd or lascivious way. It can also be charged when someone under age 16 is solicited to commit a lewd or lascivious act. This is a second-degree felony. That means that you may face a maximum of 15 years’ imprisonment, 15 years’ sex offender probation, and up to $10,000 in fines. However, if you are under 18, it is charged as a third-degree felony.
Yet another lewd and lascivious crime is the crime of lewd or lascivious exhibition. This occurs when the defendant intentionally masturbated, exposed their genitals in a lewd way, or intentionally committed another sex act not involving actual bodily or sexual contact with the victim. The victim must be under age 16. This is a second-degree felony when an adult does it, but a third-degree felony when a minor does it.
If you are convicted of any of the lewd and lascivious crimes, you can be required to comply with sex offender registration laws in Florida and federally. You may be able to petition for exclusion from this requirement under the Romeo and Juliet law, but this is a narrow exception.Fight Your Charge with the Assistance of a Sex Crime Attorney in Clearwater
If you are accused of a lewd and lascivious crime, you must take this accusation very seriously and contact a Clearwater criminal attorney right away. We are dedicated to guarding the rights of the accused. Call Hanlon Law at 727.897.5413 or complete our online form.