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 Exhibition
Here are the elements of Lewd and Lascivious Exhibition. The statute’s subsections also break down the severity of each type of lewd and lascivious offense in which exhibition is the issue. It can be found in Florida Statute 800.04(7) and is defined as follows.
(a) A person who:
- Intentionally masturbates;
- Intentionally exposes the genitals in a lewd or lascivious manner; or
- Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
(b) A person who:
- Intentionally masturbates;
- Intentionally exposes the genitals in a lewd or lascivious manner; or
- Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
- live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.
- An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
- An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
- EXCEPTION.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.
Like other Lewd and Lascivious charges, innocent circumstances can also bring about a prosecution for Lewd and Lascivious exhibition. 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.