What is Lewd or Lascivious Conduct in Florida?

Victim of lewd or lascivious conduct.

The crime of Lewd or Lascivious Conduct by a person 18 or is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine. The crime of Lewd or Lascivious Conduct by a person younger than 18 is a Third Degree Felony that is punishable by 5 years in prison and a $5,000 fine

This crime occurs when a person:

  1. In a lewd or lascivious manner, intentionally touched victim, or the person solicited the victim to commit a lewd or lascivious act.
  2. At the time of offense, victim was under the age of 16 years.  
  3. At the time of offense, the person committing the act was 18 or order, or at the time of offense, the person committing the act was younger than 18.

The words “lewd” and “lascivious” mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

To “solicit” means to command, encourage, hire, or request another person to engage in specific conduct.

Some of the defenses to Lewd or Lascivious Conduct are:

  • Person did not act intentionally.
  • Person did not encourage or command.
  • Victim was over 16 years of age.

References:

Insko v. State: On age.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Lewd or Lascivious Conduct in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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