Getting charged with a lewd and lascivious conduct offense can set your life into a tailspin. The State of Florida doesn’t crystallize its definition of “lewd and lascivious,” thereby making it easier for law enforcement to charge suspects because the behavior “may” fall into this broad category of offenses. At Musca Law, we know that there are viable, innocent circumstances that can lead to a lewd and lascivious conduct charge, and we’re dedicated to helping our clients uncover evidence that is favorable to their defense.
Lewd and Lascivious Offenses
Florida Statutes fail to provide an adequate definition of exactly what lewd and lascivious means. Past court decisions do provide useful input, though; in Boles v. State (FL 1946), the Supreme Court noted that lewd and lascivious were synonymous with “wicked, lustful, unchaste, licentious, or sensual design on the part of the perpetrator.” Likewise, in Chesebrough v. State (FL 1971), the courts deemed lewd and lascivious behavior as “unlawful indulgence of lust, signifying that form of immorality which has a relation to sexual impurity.”
A wide scope of behavior may fall under this category of crimes, and Florida Statues 800.04 group them into four main offenses:
• Lewd and lascivious battery
• Lewd and lascivious molestation
• Lewd and lascivious conduct
• Lewd and lascivious exhibition
Furthermore, each of these offenses is broken down into subcategories. For example, the law breaks down lewd and lascivious conduct, found in Florida Statute 800.04 (6), into two subsections based on the nature and severity of the conduct.
Charges can be brought against someone for lewd and lascivious conduct if a person:
- Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
- Solicits a person under 16 years of age to commit a lewd or lascivious act
Penalties for Lewd and Lascivious Behavior
The consequences of a lewd and lascivious charge are quite severe, which is particularly frightening when you know that you face prison time, high fines, and bearing the weight of being tagged as a sex offender. Our team of experienced Florida sex crime attorneys is trained to carefully evaluate these types of allegations and can provide you with advantageous details regarding your case that you likely overlooked.
Penalties for lewd and lascivious offenses vary according to the exact circumstances surrounding charge, as well as the age of the offenders. Consequences for lewd and luscious conduct, for example, are as follows:
- If the offender is under 18 years of age, the offense is considered a third degree felony and carries penalties of up to 5 years in prison and $5,000 in fines
- If 18 years of age or older, the offense is considered a second degree felony and carries penalties of up to 15 years in prison and $10,000 in fines
Regardless of the exact nature of the accusations brought against you or your loved one, this is not a charge to take lightly; your freedom, reputation, and livelihood are at stake. At Musca Law Firm, we know that mistakes occur and innocent situations often get exaggerated. Using our non-judgmental approach, our defense attorneys can help review your case and offer counsel on the best course of action to take.
Musca Law has offices throughout Florida, including Orlando, Jacksonville, Tampa and Miami. If you’ve been charged with a lewd and lascivious offense either at the state or federal level, call us at (800) Musca-Law for a free, confidential consultation today.
