A conviction for a lewd or lascivious related offense can lead to serious consequences in Florida. Many of these offenses are considered a felony under Florida statutes, which can unfortunately create a criminal record. With the growing use of background checks, this is an undesirable outcome. However, an attorney experienced in Florida sexual offense cases can help you pursue case dismissal, not guilty verdicts, acquittals, minimized sentencing and other positive outcomes.
Jacksonville Lewd Conduct Defense Lawyer
Bill Roelke, a Jacksonville defense attorney, represents adults and youth facing charges related to lewdness or indecent exposure in Northeastern Florida. He understands the serious implications of the charges, which may extend even beyond the fulfillment of the sentence. This is why he takes every step necessary and helps clients from the very moment the investigation begins.
If you have been charged with an offense related to lewd conduct or indecent exposure in Jacksonville, Jacksonville Beach, Atlantic Beach, Saint Augustine, Fernandina Beach, or the surrounding areas, contact Roelke Law. The initial consultation is free and can provide you with invaluable information regarding your offense. Gaining an understanding of the charges you face, however, is just the first step towards regaining your freedom. Call (904) 354-0333 or send an online message to learn more.
Florida Lewd and Lascivious Offense Information Center
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Unnatural and Lascivious Acts in Florida
Under Florida Statute § 800.02, a person has committed a second degree misdemeanor offense if he or she commits any unnatural and lascivious act with another person. This is punishable by up to 60 days in jail and / or $500 in fines. This offense does not include a mother breastfeeding her baby.
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Exposure of Sexual Organs in Jacksonville, FL
It is a first degree misdemeanor offense, under Florida Statute § 800.03, for a person to expose or exhibit his or her sexual organs in public or on private premises in a vulgar or indecent way. This includes exposing one’s sexual organs in such a way that it is seen on private property. This is punishable by up to 1 year in prison and / or up to $1,000 in fines. It does not include being naked in a place specifically provided or set for that purpose. It also does not include a mother’s breastfeeding of her baby.
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Lewd or Lascivious Battery under Florida Statute § 800.04
It is a second degree felony for a person to engage in sexual activity with a person 12 years or older and less than 16 years old or to encourage, force, or entice a person under 16 years old into sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. This is punishable by up to 15 years in Florida state prison and / or up to $10,000 in fines.
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Lewd or Lascivious Molestation in Florida
It is a life felony for an offender 18 years or older to intentionally touch the breasts, genitals, genital area, buttocks or the clothing covering them of a person less than 16 years old in a lewd or lascivious way. This also including forcing or enticing a person under 16 years old to touch the offender. This is punishable by a prison term between 40 years and life, and $15,000 in fines.
If the offender is less than 18 years old and commits lewd or lascivious molestation against a victim younger than 12 years old, or if the offender less than 18 years olds commits lewd or lascivious molestation on a victim between 12 and 16 years old, the offender can face a second degree felony. This is punishable by up to 15 years in prison and /or a fine up to $10,000.
If the offender is less than 18 years old and commits lewd or lascivious molestation against a victim between 12 years of age and less than 16 years of age, he or she can be found guilty of a third degree felony. This offense is punishable by up to $5,000 in fines and / or 5 years in a Florida state prison.
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Florida Statue § 800.04 for Lewd or Lascivious Conduct
A person who intentionally touches a person less than 16 years old in a lewd or lascivious manner or solicits a person less than 16 years old to commit a lewd or lascivious act has committed a:
- Second degree felony if the offender is 18 years of age or older (punishable by up to 15 years in prison and / or $10,000 in fines);
- Third degree felony if the offender is less than 18 years of age (can be punished with up to 5 years in prison and / or up to $5,000 in fines).
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Lewd or Lascivious Exhibition in Duval County
A person is guilty of this offense if he or she:
- Intentionally masturbates;
- Intentionally exposes genitals in a lewd or lascivious manner;
- Or intentionally commits any other sexual act that does not involve physical or sexual contact with the victim. This includes sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim less than 16 years old.
The act of committing lewd or lascivious exhibition is a second degree offense if the offender is 18 years or older. It is a third degree felony if the offender is less than 18 years old. This offense does not include a mother breastfeeding.
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Definitions Related to Lewd or Lascivious Offenses in Florida
“Sexual activity” refers to oral, anal, or vaginal penetration by, or along with, the sexual organ of another or the anal penetration of an object into the anus or vagina of another person. This does not include activity carried out for legitimate medical purpose.
“Consent” does not include submission by coercion and is limited to the intelligent, knowing, and voluntary type of consent.
“Coercion” refers to the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
“Victim” refers to a person who had an offense committed against them or attempted against them or a person who reported a violation of § 800 to a law enforcement officer.
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Defenses to Lewd or Lascivious Offenses in Florida
The victim’s consent or lack of chastity is not a defense to crimes under § 800. Additionally, the offender’s lack of awareness of the victim’s age, misrepresentation of age by the victim, or the offender’s belief of the victim’s age is not valid defenses to prosecution.
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Roelke Law, P.A. | Indecent Exposure Defense Attorney in Duval County, FL
Contact Roelke Law today if you are facing lewd or lascivious conduct charges in Duval County, Clay County, Nassau County, or St. Johns County. These charges can have serious implications that go beyond jail and prison time, even affecting a person’s reputation. Let Jacksonville sex crime defense attorney Bill Roelke help you understand your legal options and help you come to an informed decision about your future. Call (904) 354-0333 to begin taking the first step towards combating the lewd conduct charges you face.