Any allegation of “lewd and lascivious” conduct against a child is serious. Because the allegations are rarely witnessed first-hand by any independent witness, the prosecution of these cases often involve circumstantial evidence and the often unreliable accusations of an child. Those allegations can be false or exaggerated because of “coaching” by a parent or untrained law enforcement officer, even if the “coaching” is inadvertent.
These allegations can also be made against children as young as 12 or 13 years of age if it is alleged that they touched a younger child in an inappropriate manner. Often the cases are prosecuted in juvenile court, but depending on the age of the juvenile that is accused, the State Attorney’s Office could file the charges in adult court. Because of the life-changing consequences of the accusations, parents should never allow a juvenile to discuss the allegation once they realize that the juvenile is being investigated for inappropriately touching a younger child.
Melbourne Attorney for Lewd or Lascivious Allegations
Never talk to a law enforcement officer until after you have obtained representation from an experienced criminal defense attorney.
Contact an attorney at Germain Legal discuss any serious accusation of “lewd and lascivious” battery in Brevard County, Indian River County, Volusia County or Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Lewd or Lascivious Conduct
The criminal offense basically alleges an inappropriate touching committed with a licentious, wicked, unchaste, lustful or sensual intent on the part of an individual accused of committing the sexual act. Lewd and lascivious conduct is a first-degree felony which involves the following types of allegations:
- A person is accused of engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or
- A person is accused of enticing, encouraging, or forcing a child less than 16 years of age to engage in any act involving sexual activity.
Under this statute the age of the child is an element of the offense. If the alleged victim in the case is under the age of 12 years old, then consent is never a defense because the law conclusive presumes that a child that age could never consent to such an act. The seriousness of the charge depends on both the age of the person accused and the age of the alleged victim as discussed below.
Florida law expressly excludes an act done for a bona fide medical purpose from the definition of “sexual activity.” Also, a mother’s breast-feeding of her baby does not under any circumstance constitute sexual activity or an act of lewd or lascivious conduct. However, touching a child’s buttocks over the clothing could constitute an act of lewd and lascivious molestation under certain circumstances.
Legal Penalties for Lewd and Lascivious Conduct
First Degree Felony Punishable by Life
If the alleged offender is 18 years of age or older and the alleged victim of the lewd or lascivious molestation is less than 12 years old, then the crime can be charged as a felony punishable by life.
Second Degree Felony
If the alleged offender is 18 years old or older and the alleged victim of the lewd or lascivious molestation is 12, 13, 14, or 15 years old, then the crime can be charged as a second-degree felony punishable by up to 15 years in Florida State prison.
If the alleged offender is a juvenile who is less than 18 years old or older and the alleged victim of the lewd or lascivious molestation is 11 years old or younger then the crime can be charged as a second degree felony punishable by up to 15 years in Florida State prison (assuming the juvenile is charged in adult court).
Third Degree Felony
If the alleged offender is a juvenile who is less than 18 years of age and the alleged victim of the lewd or lascivious molestation is 12, 13, 14, or 15 years old, then the crime can be charged as a third-degree felony punishable by up to 5 years in Florida State prison if the juvenile is charged as an adult.
Sex Offender Registration Required Under Florida Law
If an individual is convicted of lascivious or lewd conduct under Florida law, the individual would be acknowledged as a sexual offender and would be required to act in accordance with Florida’s sexual offender registration laws.
Potential Defenses
Since ignorance of the child’s age is a statutorily prohibited defense to the crime of lewd and lascivious conduct. The two most common defenses raised in lewd and lascivious battery cases are that the allegations are false or that the conduct lacked the necessary sexually motivated Intent.
False Allegations of Lewd or Lascivious Conduct
In certain cases, false allegations are made against an innocent person because of the parent or guardian’s jealousy, manipulation of children by an angry parent, mental illness of the accuser or mentally ill parents influencing a child.
Lack of Lewd Intent
The foundation of any allegation of lewd and lascivious conduct involves a sexually motivated intent. As a result, it is a defense to the offense if it can be revealed that there was no lewd or lascivious intent involved.
Additional Resources
Florida Statutes – Read the original Florida statutes to understand what lewd and lascivious charges entail. Also known as “minor sex acts” lewd and lascivious conduct can encompass a number of behaviors and actions that may lead to stronger crimes.
Report Sexual Abuse – If you believe you have been sexually abused, or if you witness or believe sexual abuse to be occurring, you have an obligation to report it. The state of Florida offers resources on Sexual Violence Prevention.
Hire a Criminal Defense Attorney for Lewd and Lascivious Charges in Brevard County, FL
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
