What is Lewd or Lascivious Battery (Engaging in Sexual Activity) in Florida?
The crime of Lewd or Lascivious Battery (Engaging in Sexual Activity) is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine.
This crime occurs when a:
- 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, or the Person committed an act upon or with victim in which the anus, or vagina of victim/person was penetrated by an object.
- At the time of offense, victim was 12 years of age or older, but less than 16 years of age.
Defenses to Lewd or Lascivious Battery (Engaging in Sexual Activity).
Some of the defenses to Lewd or Lascivious Battery (Engaging in Sexual Activity)are:
- Person did not commit sexual act
- Victim was over 16 years of age.
- False allegations.
References:
Williams v. State: On § 800.04(4)(a)1 being a lesser included offense of sexual battery.
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 (Engaging in Sexual Activity) 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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