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Lewd and Lascivious Molestation

Sex offenses are some of the most severely punished crimes in the state of Florida, as are crimes against children. Put together, sex crimes against children see the harshest consequences and highest rates of prosecution in the state. If you’ve been charged with a lewd and lascivious crime, don’t take any chances. Contact the experienced Kissimmee legal team at Hanlon Law today to schedule a free consultation.


What is Lewd and Lascivious Molestation?


According to Florida Statute 800.04, lewd and lascivious molestation involves the lewd and lascivious:


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


“Lewd and lascivious” is just an antiquated way of saying “in a sexual manner.” This distinction is important, as lack of sexual intent can be a major factor in defending against this kind of charge. For example, if you pull a female child out of her car seat, and in doing so, brush against her chest area, this would not be considered lewd and lascivious touching, as it is not sexual nor intentional in nature.


It’s important to note that consent, or rather lack thereof, is not a requirement for an act to be considered lewd and lascivious molestation. In the eyes of the law, minors under the age of 16 are not legally capable of giving consent to sexual activities or behaviors. Because of this, their “consent” is irrelevant to the charges. 


Lewd and Lascivious Molestation vs Lewd and Lascivious Battery


Lewd and lascivious battery is listed under the same Florida Statute 800.04 as lewd and lascivious molestation. However, they are not the same crime, and do not have the same consequences. 


Lewd and lascivious battery involves:


  • 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 


What are the Consequences of Lewd and Lascivious Molestation? 


The sentencing associated with a lewd and lascivious molestation conviction depends 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.


Lewd and lascivious battery, on the other hand, is considered 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.


Both lewd and lascivious molestation and battery are also met with mandatory sex offender registration. Mandatory sex offender registration, as the name suggests, means that you are required to register on Florida’s sex offender registry. The sex offender registry is a publically-accessible list of all convicted sex offenders, along with certain identifying information. Such information may include 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


With such harsh consequences on the line, it’s vital to have an experienced defense attorney on your side. At Hanlon Law, our legal team has nearly twenty years in the courtroom. We’ll leverage every bit of our experience to your advantage, and advocate for you at every possible 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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