Lewd or lascivious offenses

800.04 Committed upon or in the presence of persons less than 16 years of age.

Florida Sex Crimes Defense Lawyers

Unlawful sexual conduct can occur between a person and a minor even if that person believes the victim to be 18 or older and regardless of consent of the minor. A perpetrator’s bona fide belief of the victim’s age or consent is not a defense in a prosecution for this conduct.

Classification of the offense is determined by the conduct of the perpetrator and the age of the victim.

1. LEWD OR LASCIVIOUS BATTERY.—A person who:

• Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
• Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

commits lewd or lascivious battery, a felony of the second degree.

2. LEWD OR LASCIVIOUS MOLESTATION – A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

• An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony
• An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age commits a felony of the second degree
• An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree
• An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree

3. LEWD OR LASCIVIOUS CONDUCT.— A person who:

• Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
• Solicits a person under 16 years of age to commit a lewd or lascivious act

  commits lewd or lascivious conduct.

• An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree
• An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree

4. LEWD OR LASCIVIOUS EXHIBITION.—A person who:

• Intentionally masturbates;
• Intentionally exposes the genitals in a lewd or lascivious manner; or
• Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

 in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

• An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree
• An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree