What is Lewd or Lascivious Battery (Encouraging, Forcing or Enticing) in Florida?

Wallet with money.

The crime of Lewd or Lascivious Battery (Encouraging, Forcing or Enticing) is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine.

This crime occurs when a:

  1. Person encouraged, forced, or enticed victim to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any act involving sexual activity.
  2. At the time of offense, victim was less than 16 years of age.

“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.

“Prostitution” is the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

Some of the defenses to Lewd or Lascivious Battery (Encouraging, Forcing or Enticing)are:

  • Person did not commit sexual act
  • Person did not encourage or force.
  • Victim was over 16 years of 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 Battery (Encouraging, Forcing or Enticing) 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.