Lewd or Lascivious Exhibition


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

Lewd or Lascivious Exhibition involves non-contact sex offenses against children, including masturbation and exposure of sexual organs.  If you, or a loved one, has been accused or charged with Lewd or Lascivious Exhibtion, give the experienced Jacksonville criminal defense lawyers of SLG Law a call now to discuss the case.  

What is Lewd or Lascivious Exhibition?

Lewd or Lascivious Exhibition is defined in Florida Statute Section 800.04(7).  Lewd or Lascivious Exhibition over a computer transmission is defined in Florida Statute 847.0135(5).  To prove Lewd or Lascivious Exhibition, the State must prove:
  • The victim was under the age of 16 years of age, or
  • if over a computer service, you should have known or had reason to believe that the transmission would be viewed on a computer or television monitor  by a victim in Florida who was under 16, and
  • you:
    • intentionally masturbated, or
    • intentionally exposed your genitals in a lewd or lascivious manner, or
    • committed a sexual act, sadomasochistic abuse, sexual bestiality, or simulation of any act involving sexual activity that did not involve actual physical or sexual contact with the victim, and
  • the act was committed in the presence of the victim or live over a computer on-line service, internet service, or local bulletin board service, 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 "sexual activity" mean?

"Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. 

It does not include an act done for a bona fide medical purpose.

What does "sadomasochistic abuse" mean?

"Sadomasochistic abuse" means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself. 

What is "sexual bestiality?"

"Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. 
What does "in the presence of" mean?

"In the presence of" means that the victim saw, heard, or otherwise sensed that the act was taking place. 

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 Exhibition.  So even if the victim had been sexually promiscuous and fully consented to the sexual exhibition, 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 he or 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 exhibition, you would be guilty of lewd or lascivious exhibition, 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 16 years old or older is not a defense to lewd or lascivious battery.

What are the potential sentences for Lewd or Lascivious Exhibition?

The potential sentence for a Lewd or Lascivious Exhibition 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 Exhibition?

The two main defenses to Lewd or Lascivious exhibition are that the conduct was not lewd or lascivious, but innocent, nonsexual exhibition, 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 Exhibition,

Call Shorstein, Lasnetski & Gihon Now!
Jacksonville Criminal Defense Attorneys

904-642-3332 (Jacksonville)

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