Lewd or Lascivious Exhibition
Lewd or Lascivious Exhibition
Lewd or Lascivious Exhibition involves non-contact sex offenses against children, including masturbation and exposure of sexual organs.
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
- 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.
"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.
"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.
"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.
"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.
"In the presence of" means that the victim saw, heard, or otherwise sensed that the act was taking place.
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.
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.
The potential sentence for a Lewd or Lascivious Exhibition conviction depend on your age.
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?
Lewd or Lascivious Exhibition,
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