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Lewd & Lascivious Behavior
Under Florida law, lewd and lascivious behavior encompasses a variety of sexually motivated offenses, often involving minor children. Given the serious nature of these charges, lewd and lascivious behavior is vigorously prosecuted and a conviction will result in fines, imprisonment and lasting damage to your reputation. This is why it is imperative to consult an experienced sex crimes attorney.
Valiente Law has extensive experience defending clients against charges of lewd and lascivious behavior throughout South Florida. While the terms lewd and lascivious are broadly defined, juries are instructed that they mean “a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.” The precise conduct and ages matter. Lewd exhibition under §800.04 requires specified intentional conduct in the presence of a child under 16; a public location alone is not the defining requirement.
Nonetheless, a conviction for lewd and lascivious behavior carries a stigma that will adversely impact your future. When you become our client, we presume your innocence and work tirelessly to either have the charges dismissed or to win an acquittal. Knowing that being charged with a sexually motivated offense is an overwhelming experience, our criminal defense attorneys will provide you with powerful legal representation when your future and your reputation are hanging in the balance.
Offenses under Florida Statutes §800.04
§800.04 addresses distinct conduct involving children under 16. The child’s consent and a mistake or misrepresentation about age are not defenses under this section.
| Conduct and subsection | Ages and classification |
|---|---|
| Battery, (4): sexual activity with a person 12–15; or encouraging, forcing, or enticing a person under 16 into the specified sexual acts | Ordinarily second-degree felony. An adult defendant with a qualifying listed prior conviction may face first-degree felony treatment. |
| Molestation, (5): intentional lewd touching of specified intimate areas or clothing covering them, or forcing or enticing the child to touch the defendant in that manner | Defendant 18 or older / child under 12: life felony. Defendant under 18 / child under 12: second-degree felony. Defendant 18 or older / child 12–15: ordinarily second-degree felony; qualifying listed prior convictions can elevate it to first degree. Defendant under 18 / child 12–15: third-degree felony. |
| Conduct, (6): intentional lewd touching of a child under 16 or solicitation of the child to commit a lewd act | Defendant 18 or older: second-degree felony. Defendant under 18: third-degree felony. |
| Exhibition, (7): intentional masturbation, intentional lewd exposure, or another specified intentional sexual act without physical or sexual contact, in the presence of a child under 16 | Defendant 18 or older: second-degree felony. Defendant under 18: third-degree felony. The conduct need not occur in public. |
Penalties and the special under-12 molestation provision
The ordinary maximums are five years and a $5,000 fine for a third-degree felony; 15 years and a $10,000 fine for a second-degree felony; and 30 years and a $10,000 fine for an ordinary first-degree felony. Sentencing scores, other mandatory terms, enhancements, and juvenile sentencing rules may affect the result.
Adult molestation of a child under 12 under §800.04(5)(b) has a distinct scheme in §775.082(3)(a)4. For an offense on or after September 1, 2005, the statute provides life imprisonment or a split sentence of at least 25 years in prison, up to life, followed by probation or community control for the remainder of the person’s natural life. A second or subsequent violation committed on or after July 1, 2008 carries life imprisonment under that provision. There is no generic 30-year minimum for every life felony.
Sex-offender registration and supervision consequences require separate review of the charge and disposition. Other indecent-exposure statutes have different elements and should not be combined with this table.
Why Choose Valiente Law?
At Valiente Law, we know that being charged with lewd and lascivious behavior is a serious matter. Not only do you face the loss of your freedom, the resulting reputational harm will make it difficult to find a place to live, particularly if the offense requires your mandatory registration as a sex offender. With so much at stake, the best decision you can make is to consult the experienced sex crimes attorneys at Valiente Law. We will take the time to explain the charges you are facing, choose the best line of defense, and fight tirelessly to protect your rights and your freedom. If you have been charged with lewd and lascivious behavior in Florida, don’t go it alone. The sooner you contact us, the sooner we can begin defending your good name.