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Criminal Defense Lawyer in Orlando, FL

Lewd and Lascivious Battery Lawyer in Orlando, FL

Sex crimes are prosecuted severely in the state of Florida – especially those pertaining to minors. If you’ve been charged with lewd and lascivious battery, it’s vital to have an experienced attorney on your side. Contact Hanlon Law today to schedule a free consultation.


What Does Lewd and Lascivious Mean?


“Lewd and lascivious” crimes are a subcategory of sex crimes that involve minors, or children aged 16 years old or younger. There are four main lewd and lascivious charges: lewd and lascivious conduct (inappropriate contact of a sexual nature with a minor), lewd and lascivious molestation (inappropriate touching of a minor on the genitals, breasts, or buttocks), lewd and lascivious exhibition (sexual behavior in the presence of a minor, such as masturbation), and lewd and lascivious battery.


What is Lewd and Lascivious Battery? 


Lewd and lascivious battery, often thought of as “statuatory rape,”  is defined by Florida Statute 800.04 as “engaging in sexual activity” with a minor between the ages of 12 and 16.


Any sexual act, up to and including actual penetration, falls under this description. Statute 800.04 also classifies in this category the “encouraging, forcing, or enticing” of a minor in this age range to engage in sexual activity, sadomasochistic abuse, sexual bestiality, and/or prostitution.


It’s important to note that lewd and lascivious battery charges do not hinge on consent like sexual battery charges do. In sexual battery cases, the perpetrator engaged in sexual activity with a victim who did not consent to the encounter. In lewd and lascivious battery cases, it doesn’t matter whether or not the minor consented to the encounter. Florida law does not recognize a minor’s capacity to give consent to sexual activity at all, and so any sexual activity with one is automatically a crime. 


Why Only Minors Between 12-16?


Where other lewd and lascivious crimes can apply to any child 16 years old or younger, lewd and lascivious battery is reserved for the ages of 13, 14, and 15. Sexual activity with a minor 12 years old or younger is treated as sexual battery, while sexual activity with a minor aged 16 or 17 is considered “unlawful sexual activity with certain minors.”


What Are the Consequences of Lewd and Lascivious Battery? 


Lewd and lascivious battery is a second-degree felony for first-time offenders, punishable by a maximum of 15 years imprisonment (or 15 years of probation, or a combination of the two) and a $10,000 fine. 


Any previous convictions may lead to more severe prison sentences and fines. Certain previous convictions, especially those pertaining to sexual or lewd relating to minors, can lead to the lewd and lascivious battery being charged as a first-degree felony. First-degree felonies are punishable by up to 30 years in prison, and a $10,000 fine. 


In addition to the imprisonment and fines, lewd and lascivious battery also comes with mandatory sex offender registration. The sex offender registry is a publically-accessible list of all convicted sex offenders, their charges, and certain identifying information (such as home address and physical description). Being a registered sex offender can lead to difficulties securing everything from housing to educational opportunities to employment for the rest of your life. It also comes with a significant social stigma that can cause issues with personal relationships.


The only exception to the sex offender registry requirement lies in the Romeo and Juliet law, which allows exemption from registration for young offenders under certain circumstances. Usually, situations that qualify for this exemption involve two high-school students who engaged in a sexual relationship and in which one party was older than the other. 


Prohibited Defenses Against Lewd and Lascivious Battery


When it comes to lewd and lascivious crimes, there are certain defenses prohibited by law. The first is, as mentioned, consent on behalf of the minor. In addition to not altering the charge of lewd and lascivious battery, a minor’s consent cannot be used as a defense or in an argument for lesser charges. 


The other major prohibited defense is ignorance of age. Neither the lack of awareness of the minor’s true age or the misrepresentation of that age on behalf of the minor or a related third party can be argued. 


So essentially, it doesn’t matter if you didn’t know they were a minor, or if you genuinely believed them to be 18. It also doesn’t matter if they lied to you about their age, or if someone else lied to you about their age. 


Sex Crime Attorney in Orlando


Despite these prohibitions, there are still plenty of defenses to take if you’ve been charged with lewd and lascivious battery. An alibi, physical evidence, unreliable testimony, and even illegally obtained evidence or violations of constitutional rights can all be viable routes to securing a more favorable outcome, which is why it’s vital to have experienced legal counsel to help you strategize. At Hanlon Law, our legal team brings nearly twenty years in the courtroom to the table. With our aggressive approach and dedication, we’ll do everything in our power to help you build the best possible case. Contact Hanlon Law today to schedule a free consultation.

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