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Tampa, FL 33602
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Florida’s Sex Offender Statutes
Lewd or Lascivious
Unless a person has studied this statute, no one could reasonably be expected to understand this charge. What do the words lewd and lascivious mean? The Florida legislature made no attempt to define the terms lewd and lascivious anywhere in our statutes. Only court decisions can provide us with guidance and define your conduct as lewd and lascivious.
The Florida Supreme Court defined lewd and lascivious in Boles v. State. The Court stated that lewd and lascivious are terms which are synonymous with “wicked, lustful, unchaste, licentious, or sensual design on the part of the perpetrator”. In another opinion the Florida Supreme Court said that lewdness is defined by “the unlawful indulgence of lust, signifying that form of immorality which has a relation to sexual impurity”.
The legislature does not define lewd and lascivious because they do not want to limit law enforcement’s ability to pursue certain sexual conduct involving minors. In other words, defining lewd and lascivious could lead to a situation where law enforcement is unable to charge suspects because their conduct does not fall within a certain narrow definition.
Lewd and Lascivious Offenses
Florida’s Lewd and Lascivious law is found in Florida Statute 800.04 . It breaks down Lewd and Lascivious charges into four types of offenses.
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Reviewing the statute will help you understand your charge(s). Once you have done that, we are sure you will agree how vital it is that we review the specifics circumstances of your case. For that reason, if you have been charge with this crime, please contact the criminal defense group as soon as possible.