What is Lewd or Lascivious Exhibition in the Presence of Child in Florida?

The crime of Lewd or Lascivious Exhibition in the Presence of Child by a person 18 or older is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine. The crime of Lewd or Lascivious Exhibition in the Presence of Child 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:

1. The person intentionally masturbated, exposed his/her genitals in a lewd/lascivious manner, or committed a sexual act without touching the victim involving sadomasochistic abuse, sexual bestiality, or stimulation of any act involving sexual activity.
2.  Person did so in the presence of victim.
3. At the time of offense, victim was under the age of 16 years.
4. 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.

“Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

“Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself.

“Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.

“In the presence of” means that (victim) saw, heard, or otherwise sensed that the act was taking place.

Defenses to Lewd or Lascivious Exhibition in the Presence of Child:

• Person did not act intentionally.
• Person did not act in lewd or lascivious manner.  
• Victim was over 16 years of age.

References:

Lowe v. State: On sexual activity.

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 Exhibition in the Presence of Child 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.

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