What Does Lewd and Lascivious Mean?

“Lewd” and “lascivious” are legal terms used to describe crimes involving sexual behavior that is considered offensive, indecent, or morally inappropriate, particularly when it involves minors or occurs in public. Florida courts interpret them to mean behavior that is grossly offensive to accepted standards of decency or morality, especially to standards involving sexual conduct.

If you or a loved one was accused of lewd and lascivious behavior in Florida, it is a serious matter with potentially life-changing consequences, and, especially if the sexually inappropriate acts involved minors, and the crime is prosecuted aggressively by the state. As soon as you are charged, the prosecution starts to obtain evidence and build a case against you. Many of these offenses are felonies, and you will be facing jail time, hefty fines, and a permanent criminal record that can damage your family and relationships, ruin prospects for education and a career, and keep you from obtaining benefits such as a student loan, a professional license, and housing and immigration benefits.

It is important to aggressively fight sexual crime charges from the beginning to ensure that you do not end up on the sex offender registry or have a sexual crime on your record.

What Lewd and Lascivious Charges Mean in Florida

While lewd and lascivious are technically synonyms, they are both used together to emphasize the sexual and indecent nature of certain acts. Florida courts interpret the terms to mean behavior that is grossly offensive to accepted standards of decency or morality, especially involving sexual conduct. Florida Statutes Chapter 800 defines various sex crimes, including

• 800.02 Unnatural and lascivious act.
• 800.03 Exposure of sexual organs.
• 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
• 800.05 Forfeiture of retirement benefits for a felony defined in s. 800.04.
• 800.09 Lewd or lascivious exhibition in the presence of an employee.
• 800.101 Offenses against students by authority figures.

Under Florida Statutes § 800.04, “lewd or lascivious” offenses typically involve unlawful sexual conduct with or in the presence of a minor under 16. Sexual activity” is defined as 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. The law categorizes these offenses based on the defendant’s age and the nature of the act:

• Lewd or Lascivious Battery: Engaging in sexual activity with a person aged 12–15, or encouraging them to engage in sexual activity.
• Lewd or Lascivious Molestation: Touching the breasts, genitals, or buttocks of a child under 16 in a lewd manner, or encouraging the child to do so.
• Lewd or Lascivious Conduct: Intentionally touching a child under 16 in a lewd manner, or soliciting them to commit a lewd act.
• Lewd or Lascivious Exhibition: Intentionally exposing oneself or masturbating in the presence of a child under 16.

Punishments for Lewd and Lascivious Offenses

Penalties vary depending on the specific act and the age of the alleged offender and the victim. While a person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, more often these are generally felonies with severe consequences, as follows:

• Second-Degree Felony (up to 15 years in prison): Often applies when the offender is under 18.
• First-Degree Felony (up to 30 years in prison): Applies when the offender is 18 or older.
• Lifetime Sex Offender Registration: Conviction may require mandatory registration as a sex offender.
• Mandatory Minimum Sentences: Some charges include mandatory prison time, even for first offenses.
• No Early Release: Many of these crimes are subject to Florida’s “85% rule,” requiring at least 85% of the sentence to be served.

Florida has sentencing guidelines that judges follow, but the actual penalty for each case may vary based on factors that include prior convictions and the specific circumstances of the case.

Legal Defenses to Lewd and Lascivious Charges

Prosecutors have the burden of proving every element of a crime beyond a reasonable doubt. Therefore, you do not have to prove that you were innocent, but only that the prosecutor’s evidence doesn’t prove guilt beyond a reasonable doubt. Defense attorneys do this by techniques such as challenging witness testimony evidence through cross-examination to show inconsistencies and challenging forensic evidence. The purpose is to create reasonable doubt so a favorable plea can be negotiated or the judge or jury may dismiss the case or find you not guilty.

There are several potential defenses to lewd and lascivious charges, depending on the facts of the case. These may include:

• Rights violations. If your rights were violated or evidence was obtained through unconstitutional means, or if you were coerced to commit a crime under duress or due to entrapment, this evidence may be thrown out under the exclusionary rule. This includes evidence obtained through illegal search and seizure without a valid warrant or probable cause, or by violations of your Miranda rights — the right to remain silent and not incriminate yourself.
• Mistaken Identity: The accuser may have misidentified the defendant. You may have an alibi to show you were not at the scene if there is evidence to show you were somewhere else at the time of the crime through surveillance footage, cell phone records or testimony from others.
• False Allegations: Particularly in custody disputes or family conflicts, false allegations are sometimes made to get back at someone.
• Lack of Intent: The act may have occurred without lewd intent, which is a necessary element of the crime.
• Age Misrepresentation: If the alleged victim misrepresented their age, and there was no reasonable way to know otherwise, this could be a factor. However, ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.
• Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. Weak or contradictory evidence can undermine the case.
• Entrapment: In some sting operations, law enforcement may cross the line into inducing a person to commit a crime they otherwise would not have committed.

How a Criminal Defense Lawyer Can Help

It is important to get legal assistance from an experienced Florida criminal defense attorney the moment you’re accused, as anything you say or do can be used against you. Your lawyer will advise you on what to say (and what not to say) to authorities. In addition, your lawyer can:

• Conduct an independent investigation as to what happened, gather evidence, and interview witnesses.
• Challenge the prosecution by filing motions to suppress unlawfully obtained evidence, challenging the credibility of witnesses, and exposing inconsistencies in the state’s case.
• Negotiate plea deals for a reduced charge or lesser sentence, if appropriate and with your consent.
• Represent you if your case goes to trial. Your attorney will build your case, present your defense, cross-examine witnesses, and argue on your behalf.
• Handle any appeals, if necessary.

In many instances, an experienced criminal defense lawyer can find holes in your case and will be able to convince the State of Florida to reduce the charges against you or have them dismissed altogether.

Get Help from a Florida Criminal Defense Attorney

At Taracks & Associates, founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by challenging the credibility and reliability of the evidence against you and building a defense tailored to your individual situation.

Our firm provides the support you need, and we will answer your questions and keep you informed all through the criminal defense process. Remember, you are innocent until proven guilty. Our goal is to analyze your situation, determine the best way defend you against criminal charges, and aggressively fight for your rights and your freedom.

Call us today to get started building the best defense possible. Our firm answers the phone 24 hours a day and you generally will speak to a lawyer within an hour no matter what time of day you call.