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Lewd or Lascivious Offenses

Lewd or Lascivious Offenses

Offenses that are classified as “lewd or lascivious” acts are considered sex crimes. Lewd, lascivious, and indecent are terms that can be broadly applied, as juries are usually told that all three mean “a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.”

Criminal charges for alleged lewd or lascivious acts are usually based on circumstantial evidence. Accusations may involve a tremendously exaggerated depiction of what actually occurred or be completely manufactured.

Lawyer for Lewd or Lascivious Offenses in Pensacola, FL

Were you recently arrested for any kind of alleged lewd or lascivious crime in Florida? You should immediately contact Terrezza Law for help securing the best possible outcome to your case.

John Terrezza is a Pensacola criminal defense attorney who represents clients in Gulf Breeze, Milton, Navarre, Pensacola Beach, and many other communities in Escambia County. Let him evaluate your case and help you understand your legal options by calling (850) 764-5291 right now for a free, confidential consultation.

Overview of Lewd or Lascivious Acts in Escambia County

Types of Lewd or Lascivious Offenses in Florida

A lewd or lascivious act may refer to any one of a number of crimes under Florida law. Criminal offenses involving this designation include:

Lewd and Lascivious Behavior, Florida Statute § 798.02 — It is a second-degree misdemeanor for any man or woman—regardless of marital status—to engage in open and gross lewdness and lascivious behavior.

Lewd or Lascivious Battery, Florida Statute § 800.04(4) — It is a second-degree felony for a person to engage in sexual activity with a person 12 years of age or older but less than 16 years of age, or to encourage, force, or entice any person 12 years of age or older but less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. If an alleged offender is 18 years of age or older and has been previously convicted of a qualifying sex offense, this crime is a first-degree felony.

Lewd or Lascivious Molestation, Florida Statute § 800.04(5) — It is a third-degree felony for an alleged offender less than 18 years of age to intentionally touch in a lewd or lascivious manner the breasts, genitals, genital area, buttocks, or the clothing covering them, of a person 12 years of age or older but less than 16 years of age, or force or entice the person 12 years of age or older but less than 16 years of age to so touch the alleged offender. If an alleged offender less than 18 years of age commits lewd or lascivious molestation against an alleged victim less than 12 years of age or an alleged offender 18 years of age or older commits lewd or lascivious molestation against an alleged victim 12 years of age or older but less than 16 years of age, this crime is a second-degree felony. If an alleged offender 18 years of age or older who commits lewd or lascivious molestation against an alleged victim 12 years of age or older but less than 16 years of age has been previously convicted of a qualifying sex offense, this crime is a first-degree felony. If an alleged offender 18 years of age or older commits lewd or lascivious molestation against an alleged victim less than 12 years of age, this crime is a life felony.

Lewd or Lascivious Conduct, Florida Statute § 800.04(6) — It is a third-degree felony for an alleged offender less than 18 years of age to Intentionally touch an alleged victim under 16 years of age in a lewd or lascivious manner or solicit an alleged victim under 16 years of age to commit a lewd or lascivious act. If an alleged offender 18 years of age or older commits lewd or lascivious conduct, this crime is a second-degree felony.

Lewd or Lascivious Exhibition, Florida Statute § 800.04(7) — It is a third-degree felony for an alleged offender less than 18 years of age to intentionally masturbate, expose genitals in a lewd or lascivious manner, or commit any other sexual act that does not involve actual physical or sexual contact with an alleged victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of an alleged victim who is less than 16 years of age. If an alleged offender 18 years of age or older commits lewd or lascivious exhibition, this crime is a second-degree felony.

Lewd or Lascivious Exhibition in the Presence of an Employee, Florida Statute § 800.09 — It is a third-degree felony for an alleged offender detained in a state correctional institution or private correctional facility to intentionally masturbate, expose genitals in a lewd or lascivious manner, or commit any other sexual act that does not involve actual physical or sexual contact with an alleged victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of an alleged victim who the alleged offender knows is an employee of such facility.

Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly Person or Disabled Person, Florida Statute § 825.1025 — Lewd or lascivious battery upon an elderly person or disabled person is a second-degree felony. Lewd or lascivious molestation of an elderly person or disabled person is a third-degree felony. Lewd or lascivious exhibition in the presence of an elderly person or disabled person is a third-degree felony.

Lewd or Lascivious Exhibition Using a Computer, Florida Statute § 847.0135(5) — It is a third-degree felony for an alleged offender less than 18 years of age to intentionally masturbate, expose genitals in a lewd or lascivious manner, or commit any other sexual act that does not involve actual physical or sexual contact with an alleged victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, internet service, or local bulletin board service when the alleged offender knows, should know, or has reason to believe that the transmission is viewed on a computer or television monitor by an alleged victim who is less than 16 years of age. If an alleged offender 18 years of age or older commits lewd or lascivious exhibition, this crime is a second-degree felony.

Pensacola Penalties for Lewd or Lascivious Acts

The possible consequences of a conviction for a lewd or lascivious crime clearly depend on the age of the alleged offender, the age of the alleged victim, and the alleged offender’s criminal record. Generally, the possible maximum sentences that may be imposed on alleged offenders are as follows:

Second-Degree Misdemeanor — Fine of up to $500 and/or jail sentence of up to 60 days;

Third-Degree Felony — Fine of up to $5,000 and/or prison sentence of up to five years;

Second-Degree Felony — Fine of up to $10,000 and/or prison sentence of up to 15 years;

First-Degree Felony — Fine of up to $10,000 and/or prison sentence of up to 30 years; and

Life Felony — Fine of up to $15,000 and/or prison sentence of at least 30 years up to life.

In addition to incarceration and/or fines, alleged offenders who are convicted of a lewd or lascivious offense can also be required to register as sex offenders. This is publicly available information that can create extreme hardships when it comes to obtaining employment or housing.

Florida Lewd or Lascivious Offense Resources

Florida Standard Jury Instructions | Chapter 11: Sex Offenses — View the standard jury instructions used for Florida criminal cases involving lewd or lascivious offenses. Instructions in this chapter include lewd or lascivious battery, molestation, conduct, exhibition, and offenses committed upon or in the presence of an elderly or disabled person. While these instructions are generally not used verbatim, they essentially represent the starting points for every case.

Factors Relating to the Sentencing of Sex Offenders — The Office of Economic and Demographic Research (EDR) conducted this study of the factors relating to the sentencing of sex offenders in accordance with the Jessica Lunsford Act signed into law by Florida Governor Jeb Bush in 2005. It found that most sexual offenses were “identified in Chapter 794 relating to sexual battery, and
Chapter 800 relating to lewd or lascivious behavior, including exhibitionism and
molestation.” The report contains several tables, graphs, and databases.

Find a Lawyer for Lewd or Lascivious Acts in Pensacola, Florida

While a lewd or lascivious offense may not sound like a serious accusation, make no mistake—these are sex crimes that carry very stiff penalties with major long-term consequences. You should Terrezza Law as soon as possible to protect your future.

Pensacola criminal defense attorney John Terrezza serves communities in and around Walton County, Santa Rosa County, Escambia County, and Okaloosa County. You can receive a complete review of your case when you call (850) 764-5291 or submit an online contact form for a free consultation.