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Lewd and Lascivious Exhibition

Of all possible crimes, sex crimes are perhaps the most severely prosecuted in the state of Florida, and crimes against children are considered the most reprehensible. Sex crimes against children, then, are understandably the worst kind of crime to be accused of. Such “lewd and lascivious” crimes are met with harsh punishments and long-term consequences. 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 Exhibition?


According to Florida Statute 800.04, lewd and lascivious exhibition is when someone intentionally: 


  • Masturbates
  • Exposes their genitals in a lewd or lascivious manner
  • Commits a sexual act that does not involve actual physical 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 someone less than 16 years of age. “Lewd and lascivious” in this statute is just an old way of saying “in a sexual manner.” This distinction is important, as it protects you against innocent accidents.


It’s important to note that consent is not mentioned in this statute. Minors under the age of 16 are not able to legally consent to any sexual behavior or activity according to Florida law. So, whether they ‘consented’ to the exhibition or not is irrelevant, and cannot be used as a defense. 


What are the Consequences for Lewd and Lascivious Exhibition?


Lewd and lascivious exhibition is charged as a second-degree felony when the offender is over 18 years old, and a third-degree felony when the offender is under 18 years old. Second-degree felonies are punishable by up to 15 years in prison and a $10,000 fine. Third-degree felonies are punishable by up to 10 years in prison and a $5,000 fine.


Florida Statute 800.04 explicitly states that a mother breastfeeding her baby does not, under any circumstances, constitute lewd and lascivious exhibition. 


Kissimmee Criminal Defense Lawyers


The attorneys at Hanlon Law have years of experience defending clients in all manner of criminal offenses. We have achieved excellent results for clients charged with serious sexual offenses and will work diligently to achieve the same results for you and your loved ones. Our attorneys look forward to consulting with you to determine the best plan of action for your case. Contact us today for a consultation.

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