What is Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly or Disabled Person in Florida?

The crime of Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly or Disabled Person is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine.

This crime occurs when a person:

  1. The victim was elderly or a disabled person.
  2. The person committed lewd and lascivious battery, lewd and lascivious molestation, or lewd and lascivious exhibition.
  3. The person knew or reasonably should have known that the person failed to give consent or lacked the capacity to consent.

See our Florida Crimes page for summaries for lewd and lascivious battery, lewd and lascivious molestation, and lewd and lascivious exhibition.

The words “lewd” and “lascivious” mean the same thing and mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

“Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.

“Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person’s care or protection is impaired.

“Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or disabled adult’s person or property.

Defenses to Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly or Disabled Person:

  • Person did not commit lewd and lascivious battery, lewd and lascivious molestation, or lewd and lascivious exhibition.
  • Victim was not elderly or disabled.
  • There was consent.

References:

Mesen v. State:  On exposed genitals.

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 Offenses Committed Upon or in the Presence of an Elderly or Disabled Person 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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