As in other states around the country, criminal charges of lewd and lascivious behavior carry with them the stigma of perversion and automatic guilt. It takes an experienced criminal trial lawyer to combat such charges. Depending upon the testimony of the alleged victim and the alleged perpetrator, these charges can often be reduced to battery or reckless behavior. Here's a summary of the law in Florida:
LEWD OR LASCIVIOUS MOLESTATION.--
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) LEWD OR LASCIVIOUS CONDUCT.--
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) LEWD OR LASCIVIOUS EXHIBITION.--
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. 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) 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.
(c) 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.
(8) EXCEPTION.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.
While these cases carry a social stigma, the burden of proof in a court of law lies squarely with the prosecution. All accused are presumed innocent until proven guilty in a court of law and in the judgement of a jury of their peers. These types of crimes take a special kind of handling since they are fraught with drama and emotion. A good trial lawyer can cut through all of that and attempt to get at what actually happened.
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