Eleanor Finch
In the state of Florida, lewd and lascivious behavior is defined as sexual acts or contact with anyone under the age of 16 years old, otherwise known as lewd or lascivious molestation. A conviction on a charge of lewd and lascivious acts can result in severe penalties, including registration as a sex offender, imprisonment, and fines. The age of consent in Florida is 18 years old, and any contact with persons under that age is a violation of Florida Statute 800.04, which is designed to protect minors from sexual exploitation and abuse. The statute defines lewd and lascivious acts as those driven by lustful, licentious, or sensuous intent, with specific offenses including battery, molestation, conduct, and exhibition. The specific defenses and penalties associated with a charge of lewd and lascivious behavior in Florida depend on the facts of the case and the age of the defendant.
| Characteristics | Values |
|---|---|
| Definition | Sexual acts or contact with anyone under the age of 16 years old |
| Age of consent | 18 years old |
| Applicable law | Florida Statute 800.04 |
| Punishment (if defendant is older than 18) | Second-degree felony punishable by up to 15 years in prison and a $10,000 fine |
| Punishment (if defendant is younger than 18) | Third-degree felony punishable by up to 5 years in prison and a $5,000 fine |
| Defenses | Mistaken identity, false allegations, lack of lewd intent |
| Ineligibility | Ineligible for gain time |
| Romeo and Juliet Law exception | Applicable if the crime involved a consensual sexual encounter with a minor aged 14-17 years, and the defendant was no more than 4 years older than the minor |
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What You'll Learn
Lewd and lascivious molestation
In the state of Florida, lewd and lascivious behavior is defined as sexual acts or contact with anyone under the age of 16 years old, otherwise known as "lewd or lascivious molestation". The age of consent in Florida is 18 years old, and any contact with persons who have not reached that age is a violation of one of the four categorizations of Florida Statute 800.04.
The consequences of a conviction for lewd and lascivious molestation can be detrimental and far-reaching. Those convicted may be required to register as a sex offender, which can make it difficult to secure employment, find housing, and maintain personal and professional relationships. Additionally, they may face legal penalties, including prison time and fines. If the offender is under 18 years of age, they can be charged with a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. If the offender is over 18, the crime is considered a second-degree felony, with penalties of up to 15 years in prison and a $10,000 fine.
It is important to note that, under Florida law, individuals under 18 are considered incapable of providing informed consent. This means that even if a minor consents to sexual acts, it does not exempt an offender from being charged with lewd and lascivious molestation. The Romeo and Juliet Law is an exception to this, designed to prevent teenage romantic couples from being charged with statutory rape and forced to register as sex offenders. However, statutory rape is still illegal, and an accused person may be subject to fines or imprisonment.
Defenses against charges of lewd and lascivious molestation are limited. While false allegations and lack of lewd intent can be considered valid defenses, consent and ignorance of the victim's age are not considered valid defenses under Florida law.
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Lascivious battery
In the state of Florida, lewd and lascivious behavior is defined as sexual acts or contact with anyone under the age of 16 years old, otherwise known as "lewd or lascivious molestation". The age of consent in Florida is 18 years old, and any contact with persons who have not reached that age is a violation of one of the four categorizations of Florida Statute 800.04.
The prosecutor must prove beyond a reasonable doubt that the victim was younger than 18 years of age. The statute specifically forbids the defense from using the victim's promiscuity, the victim's consent, or the defendant's lack of knowledge about the victim's true age. However, defenses such as a lack of lewd intent can be considered valid if it can be proven that there was no untoward intention behind the behavior. Consent is not a defense to lewd and lascivious battery.
The punishment for lascivious battery depends on the age of the defendant. If the defendant is older than 18, the crime is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. If the defendant is younger than 18, the crime is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
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Statutory rape
In Florida, lewd and lascivious behaviour is defined as sexual acts or contact with anyone under the age of 16, which constitutes "lewd or lascivious molestation". A conviction can result in severe penalties, including registration as a sexual offender.
The age of consent in Florida is 18 years old, and any sexual contact with someone under that age is considered statutory rape. Statutory rape is a catch-all term for various types of unlawful sexual contact with a minor. Minors are considered incapable of giving informed consent, and so even if the minor consented, or even initiated the sexual activity, it is still illegal and the defendant could be convicted of statutory rape.
There is a limited "Romeo and Juliet" exception to statutory rape in Florida, which protects teenagers who have consensual sex with others close to their own age. This exception applies when the victim is aged 13 to 17 and the defendant is no more than four years older. The defendant may still face criminal penalties, but they will not have to register as a sex offender.
Defendants accused of statutory rape may argue that they did not know their partner was underage, but in Florida, even a reasonable mistake as to the victim's age is not a defence. Ignorance about the minor's age or belief that the minor was over 18 is not a defence. The seriousness of the crime depends on the type of sexual contact, the age of the victim, and the age of the perpetrator.
There is a statute of limitations for statutory rape in Florida; charges must be brought within three years of the alleged act.
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Consent as a defence
In Florida, lewd and lascivious behaviour is defined as sexual acts or contact with anyone under the age of 16, or sexual battery of an elder or disabled person. The age of consent in Florida is 18 years old, and persons under 18 are considered incapable of giving informed consent. This means that any sexual contact with a person under 18 is a violation of Florida Statute 800.04.
Consent is not a valid defence against a charge of lewd and lascivious behaviour in Florida. The statute specifically forbids the defence from using the victim's consent as an argument, even if the victim is over the age of 16. This is because the law considers that persons under 18 do not have the judgement needed to give informed consent.
The only exception to this is the Romeo and Juliet Law, which prevents teenage couples who have not reached the age of consent from being charged with statutory rape and forced to register as sex offenders. However, statutory rape is still illegal and may result in fines or imprisonment.
Other possible defences against a charge of lewd and lascivious behaviour include false allegations and lack of lewd intent. It may be possible to argue that there was no untoward intention behind the inadvertent behaviour of the accused. However, ignorance of the victim's age is not considered a valid defence.
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Penalties and punishment
Lewd and lascivious behaviour in Florida is defined as sexual acts or contact with anyone under the age of 16. This is also referred to as 'lewd or lascivious molestation'.
Conviction on a charge of lewd and lascivious acts can come with severe penalties, including registration as a sexual offender. The penalties depend on the age of the defendant. If the defendant is an adult over the age of 18, the crime is a second-degree felony, punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine. If the defendant is a minor under the age of 18, the crime is a third-degree felony, punishable by up to 5 years in prison, 5 years of sex offender probation, and a $5,000 fine.
It is important to note that, in Florida, persons under 18 are considered incapable of giving informed consent. Therefore, lack of lewd intent can be considered a valid defence against lewd and lascivious behaviour charges, but consent and ignorance of the victim's age are not considered valid defences.
The Romeo and Juliet Law is designed to prevent teenage couples who have not reached the age of consent from being charged with statutory rape and forced to register as sex offenders. However, statutory rape is still illegal and may result in fines and imprisonment.
If you or a loved one has been charged with lewd and lascivious behaviour in Florida, it is important to seek legal assistance from a qualified attorney.
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Frequently asked questions
In Florida, lewd and lascivious behavior is defined as sexual acts or contact with anyone under the age of 16 years old, otherwise known as "lewd or lascivious molestation".
The age of consent in Florida is 18 years old.
The Romeo and Juliet Law is designed to prevent teenage romantic couples who have not reached the age of consent from being charged with statutory rape and forced to register as sex offenders.
The consequences of a conviction differ based on the age of the offender. An adult can be charged with a second-degree felony, which is punishable by up to 15 years of imprisonment and a $10,000 fine. If the offender is under 18 years of age, they can be charged with a third-degree felony, which is punishable by up to 5 years of imprisonment and a $5,000 fine.
Defenses such as consent and ignorance of the victim's age are not considered valid under Florida law. Lack of lewd intent can be considered a valid defense if it can be proven that there was no untoward intention behind the behavior. Other possible defenses include mistaken identity and proving that the authorities engaged in entrapment.
