Committing an Unnatural and Lascivious Act - Florida Statute 800.02
This is a vague statute. “A person who commits any unnatural and lascivious act with another person . . . .” This statute has been in the past used to prosecute individuals who engaged in unnatural homosexual anal or oral sex.
Today, it is likely to be used as a negotiating tool for plea deals. This crime is a lesser included offense for other crimes. There are two types of lesser included offenses: (1) necessarily included offenses and (2) permissibly included offenses. The difference between the two types is that necessarily included offenses are always committed where a person commits the crime while permissibly included offenses are sometimes committed where the person commits the crime.
Crimes where committing an unnatural and lascivious act is a lesser included offense are:
- Exposure of sexual organs in a vulgar or indecent manner.
- Lewd, lascivious, indecent assault or act upon or in the presence of child.
- Lewd or lascivious battery (engaging in sexual activity).
- Lewd or lascivious battery (encouraging, forcing or enticing).
- Lewd or lascivious molestation.
- Lewd or lascivious conduct.
- Lewd or lascivious exhibition presence of child.
- Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
A prosecutor might want to get rid of the case by offering a plea deal with this lower charge or a defense attorney might determine the evidence is very strong and the best resolution to the case will be accepting a plea deal to the lesser included offense. This lesser crime is a second-degree misdemeanor while some of the other crimes are more serious (first-degree misdemeanor or third-degree felony) and can be punished with many more days in jail or prison and higher fines.
These are common charges for alleged sexual activity at public parks and beaches among consenting adults.What the State Prosecutor Has to Prove to Convict the You of Committing an Unnatural and Lascivious Act
The prosecutor must prove beyond a reasonable doubt:
(1) You did some acts with another person; and
(2) The act was unnatural and lascivious.
"Unnatural" means not in accordance with nature or with normal feelings or behavior.
"Lascivious" means a wicked, lustful or unchaste, licentious, or sensual intent on the part of the person doing an act.
This crime is a second-degree misdemeanor which is punishable up to 60 days in jail and a $500 fine.Contact the Law Office of Roger P. Foley, P.A.
Our attorneys focus on criminal cases in South Florida. Our law firm primarily practices in Palm Beach County and Broward County. If you have been arrested and charged with this crime, call our law offices today to schedule a free consultation. It is important that we know all the facts. We need you to tell us your version of the events that happened. This information will be critical to putting together a defense strategy for your case. Our attorneys will find out what evidence the prosecutor has against you. We will then inform you of your options on how to proceed with the case. We can take the case all the way to trial, if you want. These cases, because they are misdemeanors, are sometimes handled by Diversion. A diversion program allows for some conditions to be completed, for example an AIDS test, community service hours and a fine in exchange for a dismissal of charges.