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Criminal Defense Lawyer in Orlando, FL

Lewd and Lascivious Molestation Lawyer in Orlando, FL

Lewd and lascivious molestation, as a sex crime committed against minors, is prosecuted severely by the state of Florida. Having an experienced sex crimes defense attorney on your side can make all the difference. Contact Hanlon Law today to get started on your best possible defense. 


What is Lewd and Lascivious Molestation?


Any crime that involves a sexual component falls under the umbrella category of “sex crime.” Similarly, any sex crime that involves someone 16 years old or younger falls under the umbrella category of “lewd and lascivious sex crime.” 


Lewd and lascivious molestation, specifically, is the intentional touching of a minor’s genitals, breasts, and/or buttocks in a sexual manner that does not go so far as to constitute lewd and lascivious battery, or actual sexual activity. This subcategory also includes the intentional solicitation, coercion, or manipulation of a minor into engaging in such contact.


It’s important to note that Florida law also considers any touching over clothing as lewd and lascivious molestation, so undressing or reaching under clothes is not a requirement for this charge. 


What are the Consequences of Lewd and Lascivious Molestation?


Florida Statute 800.04 denotes lewd and lascivious molestation by an adult (anyone aged 18 or older) with no prior criminal history as a second-degree felony. As such, sentencing includes up to 15 years in prison (or 15 years probation) and up to $10,000 in fines. Lewd and lascivious molestation by anyone under the age of 18 is considered a third-degree felony, punishable by up to 5 years in prison (or 5 years probation) and up to $5,000 in fines.


However, the age of the minor in question matters. If the alleged victim is younger than 12 years old, an adult’s charge will graduate to a life felony. Lewd and lascivious life felonies are punishable by a minimum of 25 years and a maximum up to lifetime imprisonment, along with lifetime probation and/or community control. 


If someone under the age of 18 commits lewd and lascivious molestation against someone under the age of 12, their third-degree felony graduates to a second-degree felony, punishable by up to 15 years in prison (or 15 years of probation), as well as a $10,000 fine. 


There are, of course, other aggravating factors that can increase these sentences, including prior convictions (especially of other sex crimes or crimes relating to minors), the use or presence of a firearm or deadly weapon, etc. 


In addition, anyone convicted of lewd and lascivious molestation (or any lewd and lascivious sex crime) will almost certainly face mandatory sex offender registration. The sex offender registry is a publicly-accessible list of sex offenders, their criminal history, and certain personal information such as physical description and home address. Being a registered sex offender can limit future employment, educational, and housing opportunities, and lead to lifelong social stigma. 


The only exception to mandatory sex offender registration lies in the Romeo and Juliet law. This law was enacted to account for highschoolers who engage in consensual sexual activity or encounters with one another. An 18-year-old who interacts sexually with their consenting 15-year-old partner, for example, may qualify for this exemption.


How to Defend Against Lewd and Lascivious Molestation


All lewd and lascivious sex crimes are subject to certain prohibitions in regards to viable defenses:


  • Ignorance of the minor’s age: you didn’t know the alleged victim in question was a minor, or genuinely believed them to be of age
  • Misrepresentation of age by the minor or a third party: the alleged victim misled you to believe they were of age, or a related third party misled you to believe they were of age, or led you to believe such due to their own genuine but mistaken belief of the alleged victim’s age
  • The minor’s consent: Florida law does not consider minors capable of consenting to sexual behavior or activity, and so whether or not the minor in question consented to the incident in question is irrelevant


Lewd and Lascivious Molestation Defense Lawyer in Orlando


Despite these restrictions, there are still plenty of viable defense strategies to take, which is why it’s vital to have an experienced sex crimes attorney on your side. At Hanlon Law, our team brings nearly twenty years in the courtroom to the table. With our aggressive approach and comprehensive strategies, we’ll do everything in our power to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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