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 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 and present them to the prosecutor.

Prohibited Defenses

It is important that you understand the prohibited defenses. While these 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.

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