What is Lewd, Lascivious, Indecent Assault or Act Upon or in the Presence of Child; Sexual Battery in Florida?
The crime of Lewd, Lascivious, Indecent Assault or Act Upon or in the Presence of Child; Sexual Battery is a Second Degree Felony that is punishable by 15 year in prison and a $10,000 fine.
This crime occurs when a:
- Person made an assault or handled/ fondled the victim in a lewd, lascivious, or indecent manner.
- Person committed upon victim or forced or enticed victim to commit:
- Actual or simulated sexual intercourse,
- Deviate sexual intercourse,
- Sexual bestiality,
- Sadomasochistic abuse,
- Actual lewd exhibition of the genitals, or
- Any act or conduct which stimulated that sexual battery was being or would be committed on victim.
- Person committed an act upon or with victim in which the sexual organ of the person/victim penetrated or had union with the anus, vagina, or mouth of victim/person.
- Person knowingly committed a lewd or lascivious act in front of victim.
- At the time, victim was under the age of 16 years.
“Indecent,” “lewd,” and “lascivious” mean the same thing: awicked, lustful or unchaste, licentious, or sensual intent on the part of the person doing an act.
An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
Some of the defenses to Lewd, Lascivious, Indecent Assault or Act Upon or in the Presence of Child; Sexual Battery are:
- Person did not commit sexual act
- Victim was over 16 years of age.
- Person did not act knowingly.
Jones v. State: On the constitutionality of § 800.04.
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, Lascivious, Indecent Assault or Act Upon or in the Presence of Child; Sexual Battery 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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