Sex Crimes: Lewd and Lascivious Conduct
Many forms of lewd and lascivious conduct can be charged under the laws of the State of Florida. While indecent exposure is charged under the same chapter in the Florida Statutes it is a far less serious crime than a lewd and lascivious charge. Indecent exposure requires a person to expose his or her sexual organs in a vulgar and indecent manner with the intent to make them visible to the public. The charge is a first degree misdemeanor punishable up to year in the county jail. Lewd and lascivious battery can be charged if a person engages in sex with a person 12 years of age, but under the age of 16. As in sexual battery cases, the act requires that the defendant and victim have penetration or union with each other sexual organs. Unlike sexual battery, consent is not a defense to lewd and lascivious battery. Another form of lewd and lascivious battery involves a person encouraging, forcing or enticing an underage victim to engage in sadomasochistic abuse, bestiality or prostitution. Florida law defines sadomasochistic abuse as the flagellation or torture of another or binding or physically restraining another for the purpose of deriving sexual satisfaction by harming oneself or another person. Bestiality involves having sex with animals. Lewd and lascivious battery is a second degree felony punishable up to fifteen years in prison. As with sexual battery cases, the Miami criminal lawyers at DMT have represented dozens of clients charged with this offense.
Lewd and lascivious molestation involves the unlawful sexual touching of a victim. To commit this offense, a person must have intentionally touched in a lewd and lascivious manner the breast, genitals, buttocks whether under or over garments covering those areas. As in all lewd and lascivious charges, consent is not an issue to be decided. The penalties for this offense depend on the age of the defendant, as well as, the age of the defendant. If a defendant is over the age of 18 and the victim is under the age of 12, a life felony has been potentially committed.. If a defendant is less than 18 and the victim is less than 12 years of age, a second degree felony can be charged. Likewise, if a defendant is over the age of 18 and the victim is over the age of 1, but less than 16, a second degree felony has also been committed. Finally, if a defendant is under the age of 18 and the victim is older than 12, but less than 16, a third degree felony has been committed. Lewd and lascivious exhibition occurs when a defendant intentionally masturbates or exposes his or her genitals in a sexual, lewd and lascivious manner. The difference with this offense is that no sexual contact is required. If an offender is over the age of 18 he or she is facing a second degree felony while someone under the age of 18 is facing a third degree felony.
With the rise of the internet, the State of Florida has criminalized contact that involves internet sex crimes. For example, a statute now exists which holds that a defendant who commits lewd and lascivious acts that were committed live over computer on-line services, the internet or local bulletin boards, with the intent that a victim under the age of 16 view the transmission over a computer monitor or television. A defendant over the age of 18 faces a second degree felony, while a defendant under the age of 18 faces a second degree felony.
While not as serious sexual battery, lewd and lascivious offenses that carry serious implication. Incarceration and being labeled a sexual offender are terrible consequences. If you or someone you is under investigation for lewd and lascivious conduct, immediately contact a criminal defense firm experienced in defending these types of cases. Always remember, many of the cases are word against word. Providing a statement to the police, as innocent as you may think, may seal your fate. You have the right to remain silent and request a lawyer.
If you are under investigation for, or have been arrested and charged with lewd and lascivious conduct of any type, contact the Miami criminal lawyers at DMT
. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 340-2197 or reach us by completing the form on our contact page
or by sending an e-mail.