What is Lewd or Lascivious Molestation in Florida?

Victim of lewd or lascivious behavior

The crime of Lewd or Lascivious Molestation by a person 18 or older on a child under 12 is a Life Felony that is punishable by 25 years in prison and a $10,000 fine. The crime of Lewd or Lascivious Molestation by a person 18 or older on a child 12 or older, but younger than 16 is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine. The crime of Lewd or Lascivious Molestation by a person younger than 18 on a child younger than 12 is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine. The crime of Lewd or Lascivious Molestation by a person younger than 18 on a child older, but younger than 16 is a Third Degree Felony that is punishable by 5 years in prison and a $5,000 fine

This crime occurs when:

  1. In a lewd or lascivious manner, the person intentionally touched or intentionally forced/enticed victim to touch the breast, genitals, genital area, or buttocks (clothing can be covering the body parts).
  2. At the time of offense, victim was 12 or older, but younger than 16, or victim was younger than 12.
  3. At the time of offense, the person committing the act was 18 or order, or the person 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.

Some of the defenses to Lewd or Lascivious Molestation are:

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

References:

Beahr v. State: On Double Jeopardy.

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 Molestation 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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