Individuals who are facing a sex crime charge often experience stress, anxiety, and fear. If you have been charged with lewd or lascivious conduct involving a minor in Florida, then you will need to consider retaining legal counsel. It can be frustrating and isolating to attempt to deal with these types of criminal charges by yourself. A legal advocate can offer some objectivity regarding the nature of your case.
You will need to understand the potential sentence a judge may impose if you are convicted of a sex offense in Florida. Also, specific legal defenses applicable to your case need to be reviewed so you can do everything possible to protect your reputation and your freedom. The state must prove every element of a criminal offense beyond a reasonable doubt. This is a high burden that allows Miami criminal defense attorneys opportunities to formulate sound defensive strategies.
Lewd and Lascivious Conduct Under Florida Statutes § 800.04
The legal elements associated with lewd and lascivious conduct involving a minor are codified in Florida Statutes § 800.04. The state must prove that the conduct is associated with a minor who is under sixteen years of age. Lewd and lascivious conduct involves intentionally touching a child in a sexual manner, soliciting the child for sexual acts, or exposing oneself to the minor.
The defendant must demonstrate a wicked, lustful, or sensual intent while engaging with the victim. Examples of lewd and lascivious conduct include touching the breasts, genitals, or buttocks of a minor who is younger than sixteen years old. Prosecutors may charge defendants with this offense and other sex crimes in the same charging document.
Penalties for Lewd and Lascivious Conduct Offenses
Individuals who are under the age of eighteen at the time of the offensive conduct may be charged with a third-degree felony. The penalties associated with a conviction include a term of imprisonment for a maximum of five years. Also, fines and probation are associated with the sentence for this offense.
One of the most serious consequences of a conviction is being forced to register as a sex offender, which can restrict access to education, employment, and housing. It is also important to realize that the victim’s lack of chastity cannot be used as a defense in these cases. Also, if the victim is under sixteen years of age, then they cannot legally consent to any sexual conduct. Therefore, consent is not an applicable defense.
Many sex offenders in Miami are forced away from population centers to avoid being near children and schools. Two such areas where sex offenders may reside in Miami are in encampments beneath the Julia Tuttle Causeway and near railroad tracks next to 71st Street.
Hire a Crime Sex Lawyer
Seeking out legal advice can seem overwhelming for those who are unfamiliar with the criminal justice system. If you want to know how to defend yourself against a sex crime charge, then one effective thing you can do is hire a sex crime lawyer in Miami. By having a legal advocate on your side, you can understand the strengths and weaknesses of your case.
The attorney-client privilege will also allow you to communicate with your attorney without fear that your statements will be used against you at a later point in your case. Confidential communications will enable you to work in a collaborative manner with legal counsel to ensure that you are doing everything you can to protect your liberty.
Florida Sex Crime Statistics
As of January 2025, approximately 32,760 registered sex offenders were documented in Florida. The Middle District of Florida is one of the top five judicial districts for sexual abuse offenses, with 99.5% of sexual abuse offenders convicted at trial.
FAQs About Lewd or Lascivious Conduct Involving a Minor in Florida
What Is Lewd and Lascivious Conduct in Florida?
Lewd and lascivious conduct in Florida involves sexual conduct involving minors who are younger than sixteen years of age. Offenses related to lewd and lascivious conduct include exhibition, sexual battery, and molestation. Also, it is a violation of Florida law for an adult to ask a minor who is younger than sixteen to perform a lewd act.
Do First-Time Felony Offenders Go to Jail in Florida?
First-time felony offenders generally can go to jail in Florida, particularly if the defendant committed a violent crime or a serious felony. However, many individuals avoid jail time by participating in pretrial diversion programs, drug courts, and probation. If an individual participates in a diversion program, then they often must undergo mental health counseling and perform community service.
What Is an Example of a Lewd Behavior?
Examples of lewd behavior in Florida are defined in Florida Statutes § 800.04. Lewd behavior involves intentional, lustful touching or sexual contact with a minor who is younger than sixteen years of age. Open and gross lewdness offenses include public nudity and indecent exposure under Florida Statutes § 800.03. Requesting or encouraging a minor to perform a lewd act is also a violation of Florida law.
At What Age Can a Child Be Charged With a Crime in Florida?
Children younger than the age of seven cannot be charged with a crime in Florida. However, some children under seven years old may be charged with a crime if they commit a serious felony. Some children who are twelve years of age or older may be tried as adults under Florida law. Children who are fourteen years of age or older may be tried as adults for serious felonies, including sexual battery and murder.
Reach Out to the Law Offices of Barry M. Wax Today
Facing a sex crime charge is a serious matter, and it is imperative that you consider retaining a sex crime attorney so you can enforce your legal rights. Working with an experienced lawyer will enable you to examine the facts of your case and create an effective defensive strategy regarding the charges filed against you.
If you are looking for legal representation, then contact us today to learn more about the legal services we provide. We are here to help you determine how you can take steps to defend your constitutional rights. Our team will work with you to request relevant documents and determine which legal defenses may apply to your case.
