Lewd or Lascivious Conduct


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Lewd or Lascivious Conduct
allegations.

Lewd or Lascivious conduct involves a lewd or lascivious touching or act involving a minor under 16 years of age. 
What is Lewd or Lascivious Conduct?

Lewd or Lascivious Conduct is defined in Florida Statute Section 800.04(6). To prove Lewd or Lascivious Conduct, the State must prove:
  • The victim was under the age of 16 years, and
  • you either:
    • intentionally touched the victim in a lewd or lascivious manner, or
    • solicited the victim to commit a lewd or lascivious act, and
  • you were 18 years of age or older at the time of the offense, or
  • you were less than 18 years of age at the time of the offense.

What does "lewd or lascivious" mean?

"Lewd" and "Lascivious" mean the same thing and mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

What does "solicit" mean?

"Solicit" means to ask earnestly or to try to induce the person solicited to do the thing solicited. 

What if it was two minors engaging in sexual activity?

Even if a boyfriend and girlfriend, both whom are the same age and under 16 years old, engage in consensual sexual activity, both would be in violation of this statute. 

What if the listed victim consented or has been sexually active?

Neither the listed victim's consent or lack of chastity are defenses to Lewd or Lascivious Conduct.  So even if the victim had been sexually promiscuous and fully consented to the sexual act, you could not raise this as a defense and would be guilty if the State could prove the elements listed above.

What if the listed victim said she was 18 years or older?

Even if the listed victim told you that he or she was 18 years old or older and consented to the sexual act, you would be guilty of lewd or lascivious conduct, if the victim was under 16.  Your lack of knowledge of the age of the victim is not a defense.  The victim's misrepresentation of his or her age is not a defense.  And your true belief that the victim was 18 years old or older, or 16 years old or older, is not a defense to molestation.

What are the potential sentences for Lewd or Lascivious Conduct?

The potential sentence for a Lewd or Lascivious Conduct conviction depend on your age.
If you are 18 or older

Up to 15 years in prison

If you are under 18

Up  to 5 years in prison

What are the possible defenses to Lewd or Lascivious Conduct?

The two main defenses to Lewd or Lascivious Conduct are that the conduct was not lewd or lascivious, but innocent, nonsexual conduct, or that the conduct that is alleged to have happened did not actually happen.  Most of these cases involve very little evidence.  Usually, the case rests on the credibility of the listed victim, who may have reasons for fabricating allegations.  There may be ways to convince the State that the allegations are false.  For example, information about the listed victim that the State doesn't know, results of a polygraph examination, or evidence that the listed victim's statement conflicts with other evidence. 

If you or a loved one has been arrested for or accused of
Lewd or Lascivious Conduct,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
 
or

407-228-2019 (Orlando). 

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