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Criminal Defense Lawyer in Orlando, FL

Unnatural or Lascivious Act Lawyer in Orlando, FL

The law surrounding unnatural or lascivious acts is brief and ambiguous. While this makes prosecuting the charge alone difficult, it also makes the charge a favored choice when it comes to pleading to lesser included charges. If you’ve been charged with a sex crime, contact Hanlon Law today to start planning your best possible defense. 


What is an Unnatural or Lascivious Act?


Florida Statute section 800.02, which pertains to unnatural and lascivious acts, is perhaps one of the vaguest sections you’ll find. The entire statute states: “A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree…a mother’s breastfeeding of her baby does not under any circumstance violate this section.” 


With little to no explanation as to what constitutes an “unnatural” or “lascivious” act, there’s a lot of room for interpretation by both prosecutors and defense attorneys. Historically speaking, this statute was used to convict people for now-accepted behaviors, such as homosexual intercourse. In the present-day, “unnatural” is often ascribed to any act not in accordance with the public sentiment, and “lascivious” to acts that are performed with wicked, lustful, unchaste, sexual, or sensual intent. 


A simple example of a situation that may constitute this charge would be consensual sexual activity in a public space, such as a park. However, “unnatural or lascivious acts” is often a lesser included offense of many felony charges, and as such, can be used as a lesser plea to a more severe charge.


Unnatural or Lascivious Act Charges as a Lesser Included Offense


A lesser included offense is a charge that is included along with another, greater charge. Lesser included offenses may be considered necessary, meaning that you cannot be charged with the greater offense without the lesser offense included, because you must have committed the lesser crime in order to commit the greater one. Or, they may be considered permissible, meaning that the greater charge may come with the lesser offense if the situation calls for it, because you may or may not have needed to commit the lesser crime in order to commit the greater one.


In either case, if you are charged with the greater offense, you could be facing many years’ imprisonment, hefty fines, and life-long consequences. The consequences of an unnatural or lascivious act charge, on the other hand, involve a mere 60 days maximum in jail, along with up to $500 in fines. If your main charge includes a lesser charge of unnatural or lascivious acts, you may be able to negotiate a deal in which you plead guilty to the lesser charge in order to get the more severe charge dropped, securing the lesser sentence.


Many felony sex crimes come with an unnatural or lascivious acts charge as either a necessary or permissible lesser included offense. Such felony sex crimes include: 


  • Lewd or lascivious battery
  • Lewd or lascivious molestation
  • Lewd or indecent assault on or in the presence of a child
  • Exposure of sexual organs
  • Lewd or lascivious conduct
  • Lewd or lascivious exhibition in a child's presence
  • Lewd or lascivious offenses committed in the presence of a disabled or elderly person


How to Defend Against Unnatural and Lascivious Act Charges


If you’ve been charged with an unnatural or lascivious act alone, with no other greater charges, then the prosecution will be required to prove beyond reasonable doubt that you: 


  1. Committed an act with another person
  2. That act was unnatural and/or lascivious


As previously mentioned, both “unnatural” and “lascivious” are vague terms with little to no concrete definition provided by the statute, making this difficult (but not impossible) for the prosecution to achieve. 


The best defense, of course, is a solid alibi, negating the first point that you committed the act at all. However, if there is enough evidence that you did in fact commit the act in question, or not enough evidence to prove that you didn’t, the argument comes down to whether or not the act itself is unnatural and/or lascivious. 


With the broadening acceptance of varied sexual interactions, “unnatural” is becoming less and less relevant. For example, homosexual intercourse was once considered unnatural (and therefore prosecutable), but the law now recognizes such acts as natural and normal (assuming they take place in private, or in specifically designated public spaces). 


“Lascivious,” while still relevant, is also difficult to prove, as it depends on intent. The defendant must not only have committed the act, but must have done so with lustful or otherwise sexual intent in order for it to be considered lascivious. As an internal process, intent can be difficult, if not impossible, to prove, and is highly subjective. 


With both these points in mind, it’s rare for the prosecution to seek an unnatural or lascivious act charge alone. 


Unnatural or Lascivious Act Charge Defense Lawyer


If your charges include unnatural or lascivious acts as a lesser included offense, your best defense may be to seek a plea deal. Then again, it may not be – that’s why it’s vital to seek experienced legal counsel as soon as possible. At Hanlon Law, our team offers nearly two decades of experience in the courtroom, along with an aggressive, client-focused approach. We’ll help you decide the best course of action and then advocate tirelessly on your behalf to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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