Lewd and Lascivious Sex Crime Defense in Orlando, FL

Lewd and Lascivious Sex Crime

What Are Lewd and Lascivious Sex Crimes?

As a classification of sex crimes, lewd and lascivious offenses can be difficult to define, and even more difficult to prosecute. Every state has its own parameters for what constitutes “lewd and lascivious,” but generally speaking, any behavior that is offensive to the accepted standards of the community can be considered lewd and lascivious. 

Historically speaking, however, these types of sex crimes usually include explicit and/or inappropriate touching. Similarly, nearly all cases of this nature involve a minor, though there is debate as to whether or not that is a requirement for the charge. 

What Is Considered Lewd and Lascivious Behavior in Florida? 

In Florida, lewd and lascivious behavior is classified as inappropriate behavior of a sexual nature where the victim is a minor (less than 16 years old). 

This includes both an adult touching a minor in inappropriate places as well as an adult forcing a minor to touch the adult in inappropriate places. “Inappropriate places” can be similarly hard to define, but are generally considered to include the breasts, genitals, and buttocks. 

What Are the Different Types of Lewd and Lascivious Sex Crimes?

In Florida, lewd and lascivious offenses are broken down into four main categories:

• Lewd and Lascivious Battery: Sexual activity (usually up to but not including penetration) with a minor, or forcing/coercing a minor into prostitution
• Lewd and Lascivious Molestation: Inappropriately touching a minor on their genitals, breasts, or buttocks (this includes touching over the clothing covering these areas)
• Lewd and Lascivious Conduct: Similar to lewd and lascivious battery, this charge involves any inappropriate touching of a sexual nature towards a minor

Lewd and Lascivious Exhibition: Exposing a minor to lewd and lascivious behavior, such as masturbating or otherwise inappropriately touching oneself while in front of a minor.

What About Penetration? 

Penetration is not required for behavior to be considered sexual, and is often not involved at all when discussing lewd and lascivious sex crimes. When penetration occurs, charges are usually escalated to statutory rape, sexual assault, sexual battery, etc.

Are Lewd and Lascivious Crimes a Felony?

In general, lewd and lascivious crimes (especially those involving a minor) are considered a felony. Extenuating factors can impact this, of course, and will also help determine if a defendant is charged with a first, second, or third-degree felony.

What Are the Legal Repercussions of Lewd and Lascivious Sex Crimes in Florida?

While lewd and lascivious sex crimes can be difficult to prosecute, they are still taken very seriously in Florida, as well as across the United States. A variety of factors are taken into account when sentencing lewd and lascivious crimes, such as the age of the alleged victim, the age difference between the defendant and the alleged victim, previous charges against the defendant, etc. 

As a felony, lewd and lascivious crimes are usually met with incarceration. The degree of felony determines the possible length of sentence, ranging anywhere between up to 5 years and up to 30 years. Fines are also usually paired with jail time in felony cases, ranging from $5,000 to $10,000 or more. 

Felonies almost always result in the loss of professional licensure, security clearances, etc, and have long-term professional and personal consequences. It is currently legal to discriminate against felons in most situations, which can make everything from getting a job to securing a mortgage difficult to impossible. 

What About the Sex Offender Registry?

Though not a given, most lewd and lascivious cases will result in mandatory sex offender registration. Registered sex offenders are not allowed within a certain radius of places where children congregate, such as schools, daycares, playgrounds, children’s hospitals, and more. This can restrict things like employment and housing options, as the job or home cannot be within this predefined radius of such locations.

Additionally, anyone can look up the sex offender registry, which (depending on the state) can include everything from a headshot to the offender’s home address. 

Have You Been Charged with a Lewd and Lascivious Sex Crime?

If you’ve been charged with or are being investigated for a lewd and lascivious sex crime, it’s important that you obtain legal counsel immediately. You need someone in your corner who knows the ins and outs of the law, what can and can’t be used against you, and what kind of defense to mount to best handle your case. 

At Hanlon Law, our attorneys leverage nearly two decades of experience in sex crime defense. With our direct and dedicated approach, we’ll ensure you understand exactly what you’re being charged with, the potential repercussions you face, and what your options are. 

With every case we defend, we start by looking closely at the charges and the circumstances of arrest and investigation. We’ll analyze any and all evidence against you to help you mount the best possible defense. 

If you need an Orlando lewd and lascivious attorney, Hanlon Law is here to help. Contact us or call us today to schedule your consultation.

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Practice Areas

Sex Offenses

• Child Molestation
• Child Pornography
• Indecent Exposure
• Internet Sex Crimes
• Lewd and Lascivious Sex Crimes
• Pre-filing of Sex Charges
• Prostitution
• Rape Defense
• Romeo and Juliet Law
• Sex Crimes Attorney and Minors
• Sexual Harassment
• Sexual Predator Law

Federal Sex Crimes

Florida Sex Crimes

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