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Lewd and Lascivious Conduct

Here are the elements of Lewd and Lascivious Conduct. This statute's subsections, moreover, break down different types of lewd conduct and the severity of each. It can be found in Florida Statute 800.04 (6) and is defined as follows:

A person who:

• Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
• Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.
• An offender 18 years of age or older who commits lewd or lascivious conduct commits 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 conduct. We will collect the evidence that supports these facts 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.

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