Lewd & Lascivious Acts Attorney

You may not have a clear picture of what “lewd and lascivious” means. However, if you are charged with committing a lewd and lascivious offense, you face serious penalties and reputational harm. A skilled lewd and lascivious act defense attorney’s assistance is essential.

Under Florida law, lewd and lascivious acts encompass a wide range of actions committed against a child less than 16 years old. Some defenses that might excuse other sex crimes are not available in lewd and lascivious acts cases. This makes it even more crucial to have knowledgeable legal counsel who can give you accurate advice.

How Florida Defines “Lewd and Lascivious Acts”

Lewd and Lascivious Battery, Molestation, Conduct, and Exhibition Distinguished

There are four general categories of prohibited lewd and lascivious acts: battery, molestation, conduct, and exhibition. Each category criminalizes different behaviors committed against a victim who is less than 16 years old.

Lewd and Lascivious Battery

Lewd battery is the offense of engaging in sexual activity with a victim or enticing or encouraging the victim to engage in sexual activity. The law defines “sexual activity” broadly to include oral, anal, and genital penetration. Lewd battery also includes sadomasochistic abuse, bestiality, or prostitution.

Lewd and Lascivious Molestation

Molestation includes touching the victim’s buttocks, breasts, or genitalia, regardless of whether the victim is wearing clothing. A person also commits lewd and lascivious molestation if they entice or force a child to touch the perpetrator lasciviously.

Lewd and Lascivious Conduct

Lewd and lascivious conduct is distinguishable from molestation because it encompasses any touching of the victim or the perpetrator that is done in a lewd and lascivious manner.

Lewd and Lascivious Exhibition

Finally, the lewd and lascivious conduct statute also criminalizes exhibition, which involves intentionally exposing one’s genitals, masturbating, or committing any sexual act in the presence of a child under 16.

Penalties for Lewd and Lascivious Conduct

The Steep Cost of a Lewd and Lascivious Act Conviction

 

Violating Florida’s lewd and lascivious conduct statute can lead to prison sentences that start at 10 years and increase up to life. If you are convicted of a lewd and lascivious offense, you could also be placed on sex offender probation and have to register as a sex offender. You may be subject to other conditions upon your release at the discretion of a judge.

In any lewd and lascivious prosecution, the age of both the victim and perpetrator matters. The most severe penalties are reserved for individuals over the age of 18 who commit a lewd and lascivious act against victims under 12.

Why Choose Us?

Lewd and lascivious acts allegations are challenging to defend against. You can be convicted of a lewd and lascivious act even if you did not know the victim’s age or if you believed that the victim consented. You need an experienced attorney who understands these allegations and can take decisive and effective steps to successfully resolve them.

Your Tampa lewd and lascivious lawyer and defense team from Taracks & Associates includes the former head of the Sex Offender Division of the Hillsborough County State Attorney’s Office. As a former prosecutor, your defense attorney understands how the other side will build and present their case. This means that we are well-prepared to create a strategic defense that could protect your rights and future.

Retain counsel quickly if you have been charged or suspect you will be charged with lewd and lascivious conduct. Call Taracks & Associates immediately at 813-281-2897 to schedule a free case consultation.

How Can a Lewd and Lascivious Act Defense Attorney Help My Case?

A qualified and capable defense attorney can make a significant difference in the outcome of your case by:

• Scrutinizing the prosecution’s evidence for gaps and weaknesses
• Conducting an independent investigation into the facts of your case
• Seeking to secure your release from custody pending your trial
• Challenging the admission of illegally obtained evidence and confessions
• Exposing witnesses whose memories are factually inaccurate or who have the motive to fabricate their testimony.

From the moment you retain Taracks & Associates, you can be confident that your lewd and lascivious acts defense team will be working to resolve your case with all of the resources at our disposal.

FAQs

When you have been charged with lewd and lascivious acts, your future can seem uncertain. An experienced defense attorney will not only represent you in court but answer your most pressing questions, such as:

Can I be charged if the victim lied about their age?

Yes, you can still face lewd and lascivious charges even if the victim lied about their age or you made an honest mistake about their age. While the prosecution must prove that the victim was underage at the time of the incident, they need not prove that you knew or had reason to know how old they were.

The encounter was entirely consensual, so why am I being charged with lewd and lascivious acts?

Consent is not a defense to any lewd and lascivious offense. Because the victims are younger than 16, they are not legally capable of consenting to any sexual act. Therefore, you can be charged with and convicted of lewd and lascivious battery, exhibition, or molestation even if you believed that the victim gave their consent.

What types of acts are not considered lewd and lascivious?

There are a few exceptions to the lewd and lascivious conduct statute. Breastfeeding is not considered lewd and lascivious exhibition. Any otherwise punishable act that is done for a bona fide medical purpose is also exempt from prosecution.

How serious is a lewd and lascivious charge?

Any alleged lewd and lascivious act is a serious criminal matter and should be treated as such. Prison sentences can start at 10 years, but you can be sentenced to life if the victim was under 12 years old. Your sentence can also include registering as a sex offender and having other restrictions on your liberty once released.

Your lewd and lascivious offenses attorney from Taracks & Associates is dedicated to providing you with accurate and helpful information about your charges.

Contact Taracks & Associates Today

Resolving your lewd and lascivious charge in Tampa begins by contacting Taracks & Associates to schedule your free case review. Your attorney will go over your situation and explore potential defenses. They will also discuss what steps they will take to address your charges.

Call 813-281-2897 today to speak with Taracks & Associates about your lewd and lascivious acts criminal case.