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Lewd and Lascivious Behavior

Under Florida law, lewd and lascivious behavior covers more than just one offense.  Florida’s laws on lewd and lascivious behavior apply to a number of sexually motivated offenses.  While Florida’s laws on lewd and lascivious behavior are broad-reaching, Florida statute §800.04 pays close attention to those acts involving a child or committed in a child’s presence.   

Due to its broad definition, lewd and lascivious behavior charges can take on various forms. For many offenses under §800.04, there are multiple detailed elements a prosecutor may choose from when charging an individual for a lewd or lascivious act.

If you or a loved one was arrested for lewd and lascivious behavior, you need a criminal defense attorney to develop a proper defense strategy.   

Lawyer for Lewd and Lascivious Behavior in Gainesville, Florida

A lewd and lascivious behavior conviction is a serious charge to have on your record.   Sexually motivated offenses carry a stigma that can affect your everyday life.   

The attorneys at Galigani Law Firm have defended clients charged with lewd lascivious behavior and other related offenses such as sexual battery and child molestation. Call (352) 375-0812 today for a free consultation to speak with an experienced Gainesville, Florida defense attorney.

At Galigani Law Firm, our attorneys are prepared to defend you against these serious charges. Galigani Law Firm also accepts clients in Bradford County, Union County, Putnam County, Marion County, Levy County, Gilchrist County, and Columbia County.

Galigani Law Firm is located three (3) minutes from Roper Park and just six (6) minutes from the University of Florida campus in Gainesville, FL. 

Lewd and Lascivious Crimes Defined

Florida statute §800.04 provides a list of varying offenses which qualify as lewd and lascivious crimes. Under the lewd and lascivious crime category, the following offenses are some of the offenses included under this statute:

• Lewd and lascivious battery;
• Lewd or lascivious molestation; and
• Lewd or lascivious conduct.

The aforementioned offenses all possess separate elements, age requirements, and penalties; however, most of these offenses are centered on sexual conduct committed with or in the presence of a minor.

Lewd or Lascivious Battery

Under §800.04(4), an individual commits lewd or lascivious battery when he or she fulfills the following requirements:

• Participates in sexual behavior with a child between the ages of twelve (12) and sixteen (16); or
• Solicits, leads, or forces a child under age sixteen (16) to participate in sadomasochistic abuse, prostitution, sexual bestiality, or a related sexual activity.

Under Florida law, lewd or lascivious battery is a second-degree felony resulting in a maximum of fifteen (15) years imprisonment. Penalties for this offense may be increased based on victim’s age, the actor’s age, and the type of sexual offense committed.

Lewd or Lascivious Molestation

Florida statute §800.04(5) states that an individual commits lewd or lascivious molestation when he or she does the following:

• Purposely touches the genital area, buttocks, breast, or the clothing covering those areas of a child under sixteen (16) years old in a lewd or lascivious manner, or seduces or forces said child to so touch the actor, or to commit lewd or lascivious molestation.

For an individual eighteen (18) years or older found guilty of this offense against a child under twelve (12) years old, he or she is guilty of a life felony, punishable by a minimum of life imprisonment.

For an offender less than eighteen (18) years old found guilty of committing lewd or lascivious molestation against a child less than twelve (12) years, or between the ages of twelve (12) and sixteen (16), the offender is guilty of a second degree felony punishable by a maximum of 15 years imprisonment.

Lewd or Lascivious Conduct

Pursuant to §800.04(6) Florida law states that an individual has participated in lewd or lascivious conduct when he or she purposely touches a child less than sixteen (16) years old in a lewd manner, or solicits a child less than sixteen (16) years old to commit a lascivious act.

A conviction for lewd or lascivious conduct will result in a second-degree felony punishable by up to 15 years in prison.

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Additional Resources

Lewd and Lascivious Crimes under Florida Statute 800.04- Visit the Online Sunshine website of Florida’s state legislature to find out more about lewd and lascivious crimes and penalties related to a conviction. The website provides the most current statutes for various sexually motivate offenses. Also, find more information on related sex crimes according to Florida law.

Lewd and Lascivious Behavior Penalties under Florida Law- Visit the Florida Senate website of Florida’s State Senate to find more information on lewd and lascivious behavior penalties and charges. The website lists penalties related to lewd and lascivious behavior and important factors capable of intensifying said penalties. Also, find more information on related offenses including prostitution and sexual battery

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Attorney for Lewd and Lascivious Behavior Crimes in Gainesville, FL

If you or a family member has been charged with lewd and lascivious behavior, your freedom and your reputation are at stake. You need an experienced Gainesville criminal defense attorney to work towards the best result for your circumstances.

Call Galigani Law Firm at (352) 375-0812 to schedule your free consultation. This firm also accepts clients from Union County, Putnam County, Bradford County, Marion County, Levy County, Gilchrist County, and Columbia County.

This page was last updated by G.I. on Wednesday, November 30, 2016