Lewd or Lascivious Conduct - Florida Statute 800.04(6)

sex offenses

This crime happens in different settings and is also falsely reported in many settings. This statute prohibits a person from acting in a lewd or lascivious way towards someone younger than 16 or from soliciting someone younger than 16 to commit a lewd or lascivious act.

This statute forbids asking a child to have sex. People know that crimes like this are serious and are great tools for manipulating people. There are many reasons why an individual would accuse someone of this crime.

Scenarios where individuals are accused of this crime:

  • An ex-lover wants revenge;
  • A mother wants to get her ex-husband in trouble so she can get custody of the children; or
  • A parent wants to get rid of the child’s boyfriend; or
  • A parent wants to manipulate their daughter by using this fake charge against the boyfriend as a “bargaining chip”.

The words lewd and lascivious are considered the same word and mean wicked, lustful, unchaste, licentious, or sensual intent.

What the State Attorney Has to Prove to Convict You of Lewd or Lascivious Conduct

The prosecutor must prove beyond a reasonable doubt:

(1) The victim was younger than 16;

(2) The defendant either:

  1. Intentionally touched the victim in a lewd or lascivious manner; or
  2. Asked the victim to commit a lewd or lascivious act; and

(3) The defendant was either:

  1. 18 years of age or older; or
  2. Younger than 18 years of age.
Defenses

The statute specifically forbids the defense from using the victim’s promiscuity, the victim’s consent, or the lack of knowledge about the victim’s true age. A criminal attorney can raise a defense as to whether the defendant had the required intent to commit this crime.

Punishment

The punishment depends on the age of the defendant. If the defendant is older than 18, the crime is a second-degree felony punishable up to 15 years in prison and a $10,000 fine. It is also ranked as a level 6 under the Florida Criminal Punishment Code.

If the defendant is younger than 18, the crime is a third-degree felony which is punishable up to 5 years in prison and a $5,000 fine. The Florida Criminal Punishment Code ranks this crime as a level 5.

Other Consequences

Anyone who is convicted under this statute is required by Florida Statute 775.21 to register as a sexual predator. Anyone can look up sexual predators on the Florida Department of Law Enforcement’s website. Furthermore, local law enforcement is required to notify the neighborhood of sexual predators.

Contact the Law Office of Roger P. Foley, P.A.

A conviction for this crime will have long lasting effects. It is a serious crime. Our attorneys will investigate your case. If you have been arrested and charged with this crime, call our law offices today so we can schedule a free consultation. We want to talk to you about your version of the events. It is important for you tell us everything so we can help create a defense strategy for you.

We will take depositions of the police officers involved and any witnesses. We serve the South Florida area and focus on criminal cases. We will put our experience and knowledge to work for you. Call today so we can get to work on your case.

Click on the following reviews to see what clients are saying about us
Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!!
Now again in need of his help and wouldn't go anywhere else!
HIGHLY RECOMMEND
★★★★★
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom.....
★★★★★
Roger P. Foley got me reinstated. Also he got my COS waived, an got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also i would refer him to anyone who has a criminal felony or misdemeanor case.
★★★★★
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best!
★★★★★
I think your firm did a great t job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case.
★★★★★