Address:
Bank of America Plaza
101 E. Kennedy Blvd
Suite 1485
Tampa, FL 33602
Phone:
(813) 228-7095 (office line)
(813) 263-7044
(813) 334-3910
(813) 228-7099 (fax)
Lewd and Lascivious Battery
Here are the elements of a Lewd and Lascivious Battery. This statute also breaks down the severity of the charge. It can be found in Florida Statute 800.04 (4) and is defined as follows:
A person who:
- Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
- Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
Like other Lewd and Lascivious charges, innocent circumstances can also bring about a prosecution for Lewd and Lascivious battery. We will collect the evidence that supports these facts and present them to the prosecutor.
Prohibited Defenses
It is important that you understand the prohibited defenses. While these are defenses are prohibited at trial they could have a very positive impact on the resolution of your case. .
- Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.
- The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.
Now that you understand the specifics of this charge you may see the events which surround your own case differently. You may now have knowledge of facts which are favorable to your defense. More importantly, you may have knowledge of facts which are favorable to your case and not be aware of it. How’s that possible? Even though you know what the elements of the charge are, there is a good chance that you are still overlooking other details. Through our discussion of the allegations, those details will come to light. These are yet more reasons that we need to discuss the facts with you as soon as possible.