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Criminal Defense Lawyer in Orlando, FL

Lewd and Lascivious Conduct Lawyer in Orlando, FL

Sex crimes are taken very seriously in the state of Florida, but none so seriously as sex crimes committed against minors. Even more minor offenses, like lewd and lascivious conduct, can result in lengthy prison stays and hefty fines, which is why it’s vital to have an experienced attorney on your side. Contact Hanlon Law today to schedule a free consultation. 


What Are Lewd and Lascivious Sex Crimes?


“Lewd and lascivious conduct” is a subcategory of lewd and lascivious sex crimes, which are in turn a subcategory of sex crimes in general. “Sex crimes” is a broad category that covers any crime of a sexual nature. 


Lewd and lascivious sex crimes, specifically, are those that involve crimes of a sexual nature that involve a minor. There are four subcategories of lewd and lascivious sex crimes: 


  • Lewd and Lascivious Conduct: Any inappropriate contact (of a sexual nature) with a minor
  • Lewd and Lascivious Molestation: The inappropriate touching of a minor, specifically on their genitals, breasts, or buttocks. Touching such areas over clothing also qualifies.
  • Lewd and Lascivious Exhibition: Subjecting a minor to behavior of a sexual nature, such as masturbating in front of them.
  • Lewd and Lascivious Battery: Any sexual activity with a minor (up to but not including actual penetration). Forcing or otherwise coercing a minor into prostitution also falls under this category



What Counts As Lewd and Lascivious Conduct? 


Lewd and lascivious conduct is defined by Florida Statute 800.04 as:


1. The intentional touching of a person under 16 years of age in a lewd or lascivious manner

OR

2. The solicitation of a person under 16 years of age to commit a lewd or lascivious act


A “lewd and lascivious manner” is not specifically described by the law, as the concept is up to interpretation. For example, putting a hand on someone’s upper arm could easily be a sexual overture, and would therefore be considered lewd and lascivious conduct if the person was a minor. However, just steadying someone by putting a hand on their upper arm, while the same physical act, lacks the “lewd and lascivious” component. 


Similarly, asking a minor to massage an aching shoulder could easily be an innocent request, or a solicitation into lewd and lascivious behavior due to sexual intent or circumstances. And so, charges in this category often come down to the defendant’s intent, the alleged victim’s perception, the judge’s discretion, and the jury’s opinion, along with situational context and any other extenuating circumstances. 


With these cases hinging on such a subjective condition, it’s vital to have an experienced sex crimes lawyer to help you navigate the waters.


What are the Consequences of Lewd and Lascivious Conduct?


Though lewd and lascivious conduct is, perhaps, the mildest of all the lewd and lascivious sex crimes, that doesn’t mean it isn’t still taken very, very seriously. 


Lewd and lascivious conduct by anyone 18 years of age or older is considered a second-degree felony, punishable by up to 15 years in prison and up to $10,000 in fines. Even lewd and lascivious conduct by someone under 18 years old is still a third-degree felony, punishable with up to 5 years in prison and $5,000 in fines. 


There are, of course, certain factors that can increase these sentences. For example, multiple offenses could lead to a sentence as a habitual offender, which comes with nearly doubled maximum prison sentences and fines. Other aggravating factors include the presence of (up to and including the use of) a firearm or other deadly weapon, the presence of (up to the use or solicitation to use) illegal substances or alcohol, etc.


How to Defend Against Lewd and Lascivious Conduct Charges


With such severe consequences on the line, an aggressive defense strategy is a must. However, it’s important to note that there are certain defenses prohibited by the state when it comes to lewd and lascivious sex crimes:


  • Consent: as lewd and lascivious crimes are those perpetrated on minors, the consent of the alleged victim cannot be used as defense, as minors cannot legally give consent to sexual encounters
  • Lack of chastity: the defense may not use any alleged lack of chastity or frequent sexual behavior on the part of the victim as an indication of consent
  • Ignorance of Age: lack of awareness of the alleged victim’s minor status does not exonerate the offense
  • Belief of Age: the genuine belief that the alleged victim was 18 or older at the time of the incident does not exonerate the offense
  • Misrepresentation of Age: the misrepresentation on the part of the alleged victim of their age to the defendant does not exonerate the defense


That said, there are still plenty of strategies an experienced defense attorney may suggest.


Sex Crime Lawyer in Orlando


Hanlon Law offers nearly 20 years of experience in the defense business. Our aggressive approach and dedicated team will walk you through every step of the way and help you secure the best possible outcome. If you’ve been charged with lewd and lascivious conduct, or any other sex crime, don’t wait. Contact Hanlon Law today to schedule a free consultation.

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