Lewd and Lascivious Behavior

Florida Statutes Chapter 800 detail lewd and lascivious conduct and the many variations of acts and circumstances of which they consider fitting. Defined in Florida criminal jury instruction 11.8, “lascivious” means wicked, lustful or unchaste, licentious, or a sensual intent. At it’s most stripped down form, this conduct involves someone exposing his or her genitals in an indecent manner to the general public. Regardless of the nature of an L&L charge, if you are charged it is imperative to contact an experienced criminal attorney as soon as possible. Like a sexual battery charge, any evidence you give to the police whether it is an admission, allowing them to search your personal effects, or agreeing to talk in general could cause your case to be lost before it even gets started. Jason Mayberry is an experienced and dedicated lawyer who has had fantastic success earning charge reductions for his clients and preventing them from the dreaded sex offender status.

Charges under Chapter 800 for lewd and lascivious conduct range from a second degree misdemeanor count of an “unnatural and lascivious act” punishable up by to 60 days in county jail and a $500 fine all the way up to lewd and lascivious molestation by a person 18 years of age or older upon a person less than 12 years old, a life felony punishable by life imprisonment. Like sexual battery, the age of the defendant, the age of the victim and method of touching or lack thereof is relevant in determining the severity of the charge.

Lewd or Lascivious Molestation occurs when a person touches in a lewd way the breasts, genitals or buttocks of a victim less than 16 years old or forces the victim to do the same to them. The presence of clothing is irrelevant for this charge. If this type of molestation is performed by a person 18 or older upon a victim less than 12 years old, there is the prospect of life imprisonment for the defendant. Otherwise in cases where the defendant is less than 18 years old and commits a lewd or lascivious act against a victim less than 12 years old; or the defendant is 18 or older and commits the L&L act on a victim 12 years of age or older but less than 16, the defendant will be facing a second degree felony, punishable by up to 15 years in prison and a $10,000 fine in addition to having to register as a sex offender.

L&L battery occurs when an individual engages in sexual activity with someone who is at least 12 years old but less than 16 years old, or encourages, forces, or entices any person less than 16 years old to engage in sadomasochistic abuse, sexual bestiality, prostitution or other sexual acts. Like sexual battery, “Sexual activity,” as it applies to L&L battery, means 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. Contrary to a charge of sexual battery, consent is in no way a defense to the crime. Many use the term statutory rape when describing this charge.

Like other types of Lewd or Lascivious charges, L&L conduct can be charged for a wide array of actions. If one intentionally touches a person under 16 in this manner or solicits someone under 16 to commit an act of this manner they have committed the crime of L&L conduct. If the defendant is 18 years old or more they will be charged with a second degree felony, punishable by up to 15 years in prison and a $10,000 fine. If the defendant is less than 18 years old they will be charged with the lesser third degree felony punishable by up to 5 years in prison and a $5,000 fine.

Otherwise known as indecent exposure, this is the crime most think of when they think of a man opening his trench coat to expose his naked genitals. Like the trench coat example, lewd and lascivious exhibition occurs when someone intentionally exposes his or her genitals in a L&L manner, masturbates in public, or commits another sex act that does not involve contact with the victim. Like L&L conduct, if the individual is 18 years old or older, he or she will be looking at a second degree felony, punishable by up to 15 years in the Florida Department of Corrections and a $10,000 fine. Should the exposing individual be less than 18 years old they will be charged with a third degree felony punishable by up to 5 years in The Florida Department of Corrections and a $5,000 fine.

Regardless of the nature of a charge for lewd or lascivious behavior, it is in your best interest to employ the services of a reputable and experienced Tampa criminal attorney at The Mayberry Law Firm. Our firm is dedicated to getting you the best result in your case, while ensuring your sex crime charges are kept as private as possible. Give us a call at 813-444-7435 or contact us on the web.