Lewd And Lascivious Battery Florida Sentence

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The Romeo And Juliet Law

What is Lewd and Lascivious Battery? Patrick Megaro Criminal Defense Attorney

Because any sexual contact with a person under the age of 18 years old, any persons who have committed this act are considered guilty of statutory rape. The reason for this is because under Florida state law, persons under 18 are considered incapable of having the judgment needed to give informed consent.

This law has been considered imperfect for many years, since it can often show gender bias or other forms of discrimination in how the law is applied and who is held accountable.

The Romeo and Juliet Law is designed to prevent teenaged romantic couples who have not reached the age of consent from being charged with statutory rape and forced to register as a sex offender. The following criteria must be met for the Romeo and Juliet Law to apply:

  • The victim is between the ages of 14 and 17
  • The victim was no more than four years younger than the offender
  • The victim must have been a willing participant in the sexual activity
  • The offender does not have any previous sex crimes on their record

It is important to note that while the Romeo and Juliet law prevents minors from being forced to register as sex offenders, statutory rape is still illegal and an accused person may still be subject to fines and even imprisonment.

Lewd Or Lascivious Crimes

In Florida, sexual activity involving children twelve and up but under 16 is against the law. Crimes of this nature are referred to as lewd or lascivious and include consensual sexual activity with or between children 12 or above but under 16. Under Statute 800.04, the victims consent, initiation of sexual conduct, or misinformation about the victims age are prohibited defenses. If you are facing charges for lewd or lascivious crimes in Palm Beach County, you need an experienced criminal defense attorney to evaluate your case.

Lewd And Lascivious Conduct

Florida Lewd & Lascivious Conduct Defense AttorneysFlorida Sex Crimes Defense Lawyers

Lewd or lascivious conduct is defined as being one of two things. The first, intentionally touching someone under the age of 16 years old in a vulgar or bawdy manner. The second, soliciting a person 16 years of age or younger to commit a licentious or sensual act.

Consequences for Lewd & Lascivious Behavior

The consequences for lewd and lascivious behavior depend on if the defendant was under or over the age of 18 years old when the act occurred.

If the offender was over 18 years of age, he or she would face a second degree felony punishable by the following, assuming this is a first time offense:

  • Maximum sentence of 15 years in prison
  • Minimum sentence of 2.5 years in prison OR
  • Probation if solicitation is only suspected
  • Possible registration as a sexual offender, predator or both

If the offender was under the age of 18 years old when the act was committed, he or she is facing a third degree felony punishable by the following, assuming this is a first time offense:

  • Maximum sentence of five years in prison
  • Minimum sentence of 2.5 years in prison OR
  • Probation is solicitation is only suspected
  • Possible registration as a sexual offender, predator or both

Your Defense Starts with Us

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Penalties For Lascivious Acts In The State Of Florida

While a lewd or lascivious act charge could disrupt your lifestyle, a conviction could permanently change your entire life. If you or a loved one have been accused of a lewd or lascivious act, its imperative you reach out to a criminal defense attorney near me, like Matt Shafran of Weinstein Legal. Together, we can break down the potential penalties for lascivious acts in the state of Florida.

Prohibited Defenses In The State Of Florida

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Lewd or lascivious acts as well as lewd or lascivious battery are considered strict liability crimes in the state of Florida. This means that the individual accused of the crime is liable for it, regardless of his or her mental state at the time. Therefore, arguments such as ignorance of the minors age or consent from the minor are both prohibited in Florida courts.

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How Does An Attorney Defend Lewd Or Lascivious Cases In Destin

Lewd or Lascivious cases are tough to defend. Under Florida law, it is 100% irrelevant if the child agreed or consented to having sex. It is also irrelevant if the child lied about how old they were.

Weve defended numerous clients accused of Lewd or Lascivious Behavior so we have a lot of experience in building custom defenses that fit each individual case. Having said that, here are a few issues that we have used to our clients advantage in the past:

Unlawful Sexual Activity With Minors

Unlawful Sexual Activity with Certain Minors makes it illegal for a person 24 or older to have sexual intercourse with a 16 or 17 year old, even if both parties consent to the sexual conduct. Importantly, ignorance of the victims age is irrelevant as a defense to the charge, even if the victim lied about his or her age or the accused had a bona fide belief the victim was old enough to give consent.

However, it is legal for a person who is between the age of twenty-three and sixteen to have sex with a person who is sixteen or seventeen years old.

A person convicted of Unlawful Sexual Activity would be facing a maximum sentence of fifteen years in prison and a minimum sentence of approximately seven years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.

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Florida Lewd And Lascivious Crimes Attorney

Being convicted of lewd and lascivious crimes in Florida can result in extensive prison time for both state and federal violations. Individuals who are convicted of these crimes face legal repercussions and they often face an array of negative social consequences as well. Those charged with these crimes can benefit greatly by contacting a reputable lewd and lascivious crimes attorney in Florida, who can help them fight to protect their legal rights.

Unfortunately, there are many times when innocent individuals are wrongfully accused of lewd and lascivious crimes. If you or a loved one are facing such charges, it is imperative for you to contact a highly skilled and experienced Florida lewd and lascivious crimes attorney to support you in your case.

With decades of combined legal experience, attorneys at Musca Law have helped countless individuals fight the accusations against them. Our knowledgeable attorneys will closely examine the specifics of your case to help you build a strong defense to help you get your charges reduced or dismissed.

Working with our knowledgeable criminal defense attorneys will ensure you stand a chance at achieving a favorable outcome for your case. Contact our law firm today at 484-5057 to schedule a free, no-obligation case evaluation to see how we can best support you.

Get your case started by calling us at today!

Jacksonville Lewd Or Lascivious Battery Lawyer

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LASNETSKI GIHON LAWLewd or Lascivious BatteryLGLWhat is Lewd or Lascivious Battery?Florida Statute Section 800.04two typesLewd or Lascivious Battery Lewd or Lascivious Battery .

Lewd or Lascivious Battery – Florida Statute Section 800.04

To prove Lewd or Lascivious Battery , the State must prove:

  • The victim was 12 years old or older, but less than 16, and

Lewd or Lascivious Battery -Florida Statute Section 800.04

To prove Lewd or Lascivious Battery (Encouraging, Forcing, or Enticing, the State must prove:

  • The victim was under 16 years of age, and
  • you encouraged, forced, or enticed, the victim to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any act involving sexual activity.

What does “union” mean?UnionWhat does “sexual activity” mean?Sexual activityWhat does “sadomasochistic abuse” mean?Sadomasochistic abuseWhat is “sexual bestiality?”Sexual bestialityWhat if the listed victim consented or has been sexually active?What if the listed victim said he or she was 18 years or older?What are the potential sentences for Lewd or Lascivious Battery?up to 15 years in prisonWhat are the possible defenses to Lewd or Lascivious Battery?Lewd or Lascivious Battery,

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Difference Between Sexual Battery And Lewd Or Lascivious

Sexual battery is a first degree felony punishable by up to 30 years . On the other hand, lewd or lascivious battery is a second degree felony punishable by up to 15 years in prison.

The issue of consent is the most important difference between the criminal charge of sexual battery and lewd or lascivious battery. Sexual battery occurs when one person forces the other person to engage in a sex act without consent. On the other hand, in lewd and lascivious battery cases, the contact is illegal regardless of whether it was consensual or not.

If the sexual activity occured with a child under the age of 12, the charges are filed as sexual battery instead of lewd and lascivious because the law deems children under 12 years of age to be incapable of consenting to sexual activity.

Lewd Or Lascivious Battery In Florida

Lewd or Lascivious Battery criminalizes consensual sexual intercourse with a child.

In Florida, Lewd or Lascivious Battery, more commonly known as statutory rape, criminalizes consensual sexual intercourse with a child older than 12, but younger than 16.

Under Florida Statute 800.04, the crime of Lewd or Lascivious Battery is committed when a person:

  • engages in sexual activity with a child older than 12, but younger than 16 or
  • encourages, forces, or entices a child older than 12, but younger than 16, to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.

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Lewd And Lascivious Conduct In Florida

This part of the statute criminalizes the touching of any part of a minors body which is not a sex organ if its done in a sexual manner. So if someone touches someones shoulder and the person touched interprets it as being offensive and sexual, a crime has been committed. As you can imagine, this puts a lot of power in the hands of often inexperienced and malicious children to ruin innocent peoples lives.

At Mike G Law, we have seen cases where individuals who touched a young girl in a certain way were charged with a sex crime while others the girl considered desirable not only avoided prosecution but were encouraged to continue by a child defined as a victim of a sex crime.

Florida Statute s. 800.04 defines the crime of lewd and lascivious conduct as follows:

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 adult who commits Lewd and Lascivious Conduct is looking at 15 years in prison while someone under 18 faces 5 years in the Florida Department of Corrections Prison System.

Finding An Attorney For Lewd And Lascivious Defense

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If you are charged with lewd and lascivious battery charges then contact an experienced criminal defense attorney in Brooksville, Hernando County, FL. Attorney Ashley Aulls also represents clients on sexually motivated crimes throughout the Fifth Judicial Circuit including Hernando County, Inverness in Citrus County, and Bushnell in Sumter County, FL.

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Penalties For Lewd And Lascivious Battery

Lewd and Lascivious Battery under Florida Statute Section 800.04 is a second degree felony punishable by up to 15 years in prison and a $10,000 fine. Additionally, the person would be declared a sexual offender which would require a lifetime of complying with the sexual offender registration requirements in Florida.

Lewd and Lascivious Battery is a classified as a Level 8 offense under Floridas Criminal Punishment Code. As such, the bottom of the guidelines is a minimum of 34.5 months in prison. For individuals that enter a guilty or no content plea to the charges, deviating under the minimum prison sentence is rare and requires a showing of certain mitigating factors.

Penalties For Lewd Or Lascivious Battery

The crime of Lewd and Lascivious Battery is a Second Degree Felony punishable by up to fifteen years in prison, fifteen years of sex offender probation, and a $10,000 fine.

Under Floridas Criminal Punishment Code, Lewd and Lascivious Battery is assigned a Level 8 offense severity ranking and, absent prior criminal history or grounds for a downward departure sentence, a judge is required to sentence a person convicted of Lewd and Lascivious Battery to a minimum sentence of 7¾ years in prison followed by at least two years of sex offender probation.

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Attorneys For Lewd And Lascivious Battery In Tampa Fl

If you are charged with a sexually motivated offense for lewd or lascivious battery under Florida Statute Section 800.041, then contact an attorney in Tampa, FL, at the Sammis Law Firm. With offices in downtown Tampa in Hillsborough County and New Port Richey in Pasco County, we fight false accusations throughout the Tampa Bay area.

Recent Case Results

On December 5, 2018, the jury returned a not guilty in a case pending before the Honorable Susan L. Barthle in Dade City, FL. The crime of Lewd and Lascivious Molestation is a first degree felony, punishable by life in prison . Instead of facing those penalties, our client was exonerated and walked out of the courthouse with us after the jury returned the not guilty verdict. Leslie M. Sammis was the lead attorney in the case.

Disclaimer: The facts of your case may differ from the facts discussed here. Not all case results are listed here. The case results discussed here are not necessarily representative of the results obtained in all cases. Each case is different and must be evaluated and handled on its own merit.

Lewd Or Lascivious Exhibition Offenses In Fl

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Lewd or lascivious exhibition occurs when a defendant intentionally masturbates or exposes his or her genitals in a lewd or lascivious manner in the presence of a victim under the age of 16. There is no physical or sexual contact required with this offense. All that is required is that the act be performed in the presence of a child under 16 and that the child has the ability to witness the act. If an offender is over the age of 18 he or she is facing a second degree felony while someone under the age of 18 is facing a third degree felony.

Lewd or lascivious offenses carry serious implications. Being sentenced to prison and being labeled a sex offender or predator are terrible consequences. The Hillsborough County Sheriff’s Office and Tampa Police Department have specific units with specially trained detectives investigating these crimes.

Shouldn’t you have an attorney who has extensive experience in this specialized area of sex crimes to represent you?

If you are under investigation for, or have been arrested and charged with a lewd and lascivious offense here in Tampa, contact Taracks & Associates immediately. Let us use our extensive experience in handling sex cases to help protect your rights and defend your case.

You can call our office at. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Don’t hesitate tocontact a Tampa lewd or lascivious lawyer from our firm today!

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Lewd And Lascivious Battery Florida Sentence

Lewd or lascivious battery is a second degree felony punishable by 15 years in prison. Our Tampa lewd & lascivious acts attorney atTaracks & Associates is a former prosecutor that has handled hundreds ofsex offense cases. We also have a former lead trial attorney from the Sex Offender Division of the Hillsborough County State Attorney’s Office ready to handle your case.

Types Of Lewd Or Lascivious Crimes

When sexual activity does not rise to the level of rape or sexual battery, the behavior is referred to as lewd or lascivious. Today, almost all prosecutions for lewd and lascivious offenses are against people accused of sexual activity involving a minor under 16 years old.

  • Lewd or lascivious battery describes the offense of engaging in sexual activity with a minor between 12 and 15 years old, or encouraging, forcing, or enticing any person between 12 and 15 years old to engage in sexual activity. This is typically a second degree felony for which an offender may face 15 years in prison and a fine of up to $10,000.
  • Lewd or lascivious molestation is the intentional touching in a sexual manner of the sexual areas of a person under 16 or forcing or enticing such a person to touch the perpetrator in the genital or buttocks area in a sexual manner.
  • Penalties for lewd or lascivious molestation depend on the ages of those involved. If the accused is 18 or older but the victim is under 12, this is considered a life felony. If the accused is under 18 but the victim is under 12, or between 12 and 15, this is considered a second degree felony.
  • Lewd or lascivious conduct occurs when sexual activity that does not involve people between 12 and 15 years old occurs in front of those who are in that age range. You can be convicted of lewd or lascivious exhibition if the prosecution proves you:
  • Exposed the genitals in a sexual manner or
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