Lewd and Lascivious Molestation
Chapter 800 of our Florida criminal statutes describe the illegalities of lewd and lascivious behavior, conduct, and molestation. Behavior that is considered lascivious in nature would be conduct that involves a wicked, lustful, unchaste, licentious, or sensual intent. Without going into the legal jargon as to what lewd and lascivious molestation is, in short, it is when someone intentionally touches another’s breasts, genitals, genital area, or buttocks, or the clothing covering them, and such touching is in a lewd or lascivious way.
Any criminal charge in Florida involving such conduct is considered a sex crime, requiring registration on a sex offender or sexual predator list and as such, it is critical that if you are contacted by law enforcement or are charged with such conduct, that you contact an experienced Tampa criminal attorney immediately. Like sexual battery or lewd and lascivious behavior, if law enforcement attempts to contact you about any allegation, any information you give them can and most assuredly, be used against you. Tragically, if the wrong information is relayed to them, your case can be impacted so negatively that you may not be able to recover.
Jason Mayberry is dedicated to his clients’ best interest and has an excellent track record of winning sex related charges and getting them reduced, thereby avoiding sex offender registration requirements. If you are contacted by law enforcement or arrested, say nothing and get in contact with our office as soon as possible.Felony Classifications
Depending on the age of the person accused, related to the age of the alleged victim, one can be charged with anything from a third-degree felony to a life felony involving a twenty five (25) year minimum mandatory prison term. Potential punishment is laid out as follows:
If a defendant is eighteen (18) years old or older and commits this crime against a victim less than twelve (12) years old, they are subjected to a mandatory life of imprisonment if convicted. Alternatively, the court can impose a split sentence requiring a minimum of 25 years imprisonment, followed by supervision for the rest of the person’s life.
If one is less than eighteen (18) years old and commits a lewd or lascivious molestation against an individual less than twelve (12) years old, they have committed a second-degree felony, punishable by up to fifteen (15) years in prison. Likewise, if the offender is eighteen (18) years old or older and commits this crime against a victim twelve (12) years old or older but less than sixteen (16) years old, they too have committed a second-degree felony punishable up to fifteen (15) years in prison.
Finally, if a defendant is less than eighteen (18) years old and commits a lewd and lascivious molestation against a victim who is 12 years of age or older but less than 16 years of age, he or she commits a felony of the third degree, punishable by up to five years in Florida state prison.
Regardless of the classification of the felony charge, any individual convicted of this offense will have to register as a sex offender, very likely for the remainder of their life, barring their ability to be removed from the sex offender registry.
Whether someone is charged with a sex offense in Federal Court or State Court, the very nature of this kind of charge involves the prospect of serious punishment. Very few allegations involve stakes as high as those involved in a sex related offense and as such, not only must you retain the services of an experienced criminal attorney, engaging with an experienced sex crimes lawyer could very well be the difference between spending years in prison versus exoneration. The Mayberry Law Firm brings both needs to the table and we are dedicated to earning the best possible result for our client. Give us a call at 813-444-7435 or contact us on the web.