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Lewd and Lascivious Battery

Sex crimes are taken seriously in the state of Florida, but none so serious as sex crimes against minors. Often called “lewd and lascivious,” such crimes are met with harsh sentences and long-term consequences that can change your life forever. If you’ve been charged with a sex crime, or suspect you may be under investigation for a sex crime, don’t wait. Contact Hanlon Law today to schedule a free consultation. 


What is Lewd and Lascivious Battery?


Lewd and lascivious battery is one of the most serious sex offenses that you can be charged with in the state of Florida. 


According to Florida Statute 800.04, there are two kinds of acts that fall under lewd and lascivious battery: 


  • Engaging in sexual activity with someone aged 12 to 15
  • Encouraging, forcing, or enticing someone under the age of 16 to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity 


“Lewd and lascivious,” for the purposes of this statute, just means “in a sexual manner.” This distinction is what protects innocent acts from malicious ones. For example, say you pull a little girl out of her car seat, and while doing so, accidentally brush against her chest area. This would not count as lewd and lascivious touching, because there is no sexual intent behind the act.


It’s important to note that lack of consent is not required for this crime to be committed. Children under the age of 16 are seen by the law as inherently incapable of giving consent to any sexual activity or behavior, and therefore, whether or not the minor was an active participant or an unwilling victim is irrelevant. For this reason, lewd and lascivious battery is also sometimes referred to as statutory rape.


Lewd and Lascivious Battery vs Lewd and Lascivious Molestation


Both lewd and lascivious battery and molestation are covered under the same Florida Statute 800.04. However, they are not the same crime, and do not have the same consequences. 


Lewd and lascivious molestation, specifically, is:


  • Intentionally touching the breasts, genitals, genital areas, or buttocks (or the clothing covering these areas) of someone under the age of 16
  • Encouraging, forcing, or enticing someone under the age of 16 to touch the perpetrator’s breasts, genitals, genital areas, or buttocks (or the clothing covering these areas)


What are the Consequences of Lewd and Lascivious Battery?


Lewd and lascivious battery is a second-degree felony. As such, it is punishable by up to fifteen years in prison, along with a $10,000 fine. However, if you are over the age of 18, and this is not your first lewd and lascivious offense, you could be charged with a first-degree felony, which is punishable by up to 30 years in prison and a $10,000 fine.


Lewd and lascivious molestation, on the other hand, is charged depending on the ages of both the victim and perpetrator:


  • If the perpetrator is over the age of 18, and the victim is under the age of 12, the molestation is charged as a life felony, with a sentence of up to life imprisonment and $15,000 in fines. 
  • If the perpetrator is over the age of 18, and the victim is between the ages of 12 and 16, the molestation is charged as a second-degree felony, punishable by up to 15 years in prison and up to $10,000 in fines. 
  • If the perpetrator is under the age of 18, and the victim is under the age of 12, the molestation is charged as a second-degree felony, punishable by up to 15 years’ imprisonment and $10,000 in fines. 
  • If the perpetrator is under the age of 18, and the victim is between the ages of 12 and 16, the molestation is charged as a third-degree felony, punishable by up to 10 years in prison and a $5,000 fine.


In addition to jail time and fines, those convicted of lewd and lascivious battery or lewd and lascivious molestation will be sentenced to mandatory sex offender registration on Florida’s sex offender registry for life. 


The sex offender registry is a publically-accessible list of all convicted sex offenders with certain identifying information, including physical description, crimes committed, known location, and even things like place of employment and what kind of car you drive. Your status as a registered sex offender will show up on background checks, which can impact future employment opportunities, education decisions, and even housing. 


Kissimmee Criminal Defense Lawyers


Despite such harsh penalties, all hope is not lost. There are a variety of defenses that an experienced attorney might suggest to help you secure a more favorable outcome. That’s why it’s vital to seek legal counsel as soon as possible, so you have the maximum amount of time to build your defense. At Hanlon Law, our legal team has nearly two decades of experience in the courtroom. We’ll work tirelessly and advocate aggressively on your behalf at every opportunity. If you’ve been charged with a sex crime, or suspect you may be charged with a sex crime, don’t wait. Contact Hanlon Law today to schedule a free consultation.

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