Lewd and lascivious conduct criminalizes acts that are lewd and lascivious involving the touching of someone under age 16. Generally, when this is charged in Florida, the conduct is not quite as serious as what constitutes lewd or lascivious molestation. You should get an experienced Bradenton sex crime attorney involved and on your side as soon as you realize that you are being investigated. You have rights, and given the particularly sensitive nature of sex crime charges, it is imperative to choose an attorney who will protect them. Hanlon Law fights for the rights of the accused.
Lewd and Lascivious Conduct in FloridaLewd or lascivious crimes are sex crimes committed against or in front of people who are under age 16. They include battery, molestation, exhibition, and conduct. If you are charged with one of the four lewd or lascivious offenses, you cannot argue that the victim consented or that they were unchaste. You cannot claim that you did not know the minor's age or even claim that the victim lied to you about their age. There are defenses, but it is crucial to retain a skillful criminal defense attorney to pursue them.
Lewd or lascivious molestation is one of the four lewd or lascivious crimes. To win in court, a prosecutor needs to show beyond a reasonable doubt that: (1) you intentionally (2) touched the private parts of (3) someone under 16 (4) in a lewd or lascivious way. Alternatively, the prosecutor needs to show that you enticed or forced a minor under 16 years of age to touch you in this way.
Lewd or lascivious conduct is a second-degree felony that requires the prosecutor to prove beyond a reasonable doubt that you: (1) intentionally (2) touched someone who was under age 16 (3) in a lewd or lascivious way. It does not require that the minor's private parts were touched, and as a result, it can be a little easier for prosecutors to establish than lewd or lascivious molestation.
Lewd or lascivious conduct may also be charged if somebody who was under 16 has been solicited to perpetrate a lewd or lascivious act by an adult. You can face up to 15 years in prison or on probation and up to a $10,000 fine. People under age 18 would be charged with a third-degree felony.
Lewd or lascivious conduct is a crime that the defendant cannot fight by arguing that the child's age was unknown. Likewise, you cannot defend against this charge by claiming that the child consented to the lewd or lascivious conduct. Unlike people charged with certain other crimes, you would not be eligible for gain time if you were convicted of lewd or lascivious conduct. After getting out, you would be labeled a sex offender and be required to comply with registration requirements not only in Florida but across the country until you die. However, if you meet the requirements of what is known as the Romeo and Juliet law, you may be able to petition the court for exclusion from this registration requirement.
There may be real defenses available if you are charged with lewd or lascivious conduct. Like other crimes, this crime must be established with competent evidence that removes all doubt that it took place. Sometimes, we can raise doubt by calling into question the credibility of witnesses or raising doubt about whether you had the requisite lewd intent to commit the crime. In some cases, we may be able to credibly argue that there were false allegations.
Discuss Your Case with a Bradenton LawyerLewd or lascivious conduct can result in harsh punishments for people in Bradenton. The stigma of a sex crime conviction can haunt you for the rest of your life, whether it involves child pornography or lewd or lascivious conduct. It is important to consult an experienced criminal defense attorney. Will Hanlon has represented people accused of sex crimes since 1994. Contact Hanlon Law at 941.253.0254 or via our online form.