Helping You Understand Your Options When Charged With Lewd And Lascivious Conduct

There are many acts that may result in prosecutors seeking these types of charges against you. Actions that may fall under this category of sex crimes include:

• Lewd and lascivious assault: Meaning sexual activity with someone between the ages of 12 and 16, or forcing someone younger than 16 to engage in actions that constitute sexual activity
• Lewd and lascivious molestation: Touching the genitals, breasts, buttocks or clothing covering them of a person younger than 16
• Lewd and lascivious conduct: Touching a person younger than 16 in a lewd or lascivious manner or soliciting a person younger than 16 to commit such an act
• Lewd and lascivious exhibition: Exposing of genitals in a lewd manner, masturbating, or committing any other sexual act that does not involve actual physical or sexual contact with one who is less than 16 years of age

The more serious offenses under this statute could potentially lead to felony charges, which may result in life in prison. Additionally, if convicted of a lewd and lascivious act, you will be forced to register as a sex offender and comply with all of the various requirements that the state has in place.

The age difference between the victim and the accused does not affect the charges brought forth in a lewd and lascivious acts case. What does affect the charges is the accused’s age. If the accused is younger than 18, they will face third-degree felony charges. If the accused is 18 or older, they will face second-degree felony charges instead.

Consent is not a defense against lewd and lascivious acts in Florida. This is because individuals under age 18 cannot legally give consent in the state. The sole exception to this rule is where Florida’s Romeo and Juliet Laws are concerned; if the victim was 14 or 15 years old and the accused is no more than 4 years older, then consent can be used as a defense. It does not, however, prevent the accused from facing criminal charges and, if convicted, penalties. 

Hiring an attorney is crucial for fighting charges for lewd and lascivious acts because any penalties you face, if you are convicted, are serious. Minors facing these charges could spend up to five years in prison; for adults, this increases to 15 years. Moreover, you will be required to register as a sex offender in the state of Florida.

Because lewd and lascivious acts charges can cost you your freedom and your reputation, you should not fight them alone. A lawyer will help you understand the available defenses and build your case around these. It is their job to protect your rights, and they will do everything in their power to do so.