Miami Lewd & Lascivious Battery Lawyer

Under Florida Statute § 800.04 (4) a person commits lewd or lascivious battery by committing the following:

• Engaging in sexual activity with a person 12 years of age or older, but less than 16 years of age
• Encouraging, forcing, or enticing any person less than 16 years of age to engage in:
  • Sadomasochistic abuse
  • Sexual bestiality
  • Prostitution
  • Any other act involving sexual activity

In order to convict an individual of lewd or lascivious battery F.S. § 800.04 (4) 1 (engaging in sexual activity) the prosecution must prove the following beyond a reasonable doubt:

• Age of the victim - the prosecution must prove the victim was 12 years or older, but under the age of 16 years at the time of the offense
• Sexual contact - the prosecution must prove a sexual organ of the defendant penetrated or had contact with or intimate contact with the victim

Definitions of Criminal Acts

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. Sexual activity means penetration or union of a sexual organ with another sexual organ or object.

Lewd or Lascivious Battery Defenses

Lewd or lascivious battery is considered a strict liability offense. As a result, there are few permissible defenses.

However, the following defenses may not be raised:

• Victim’s lack of chastity
• Victim’s consent
• Defendant’s ignorance or lack of knowledge of the victim’s age
• Defendant’s bona fide belief of victim’s age
• Victim’s misrepresentation of age

Related Sexual-Based Offenses

The classification of sexually-motivated offenses is a fact intensive determination. Several facts, including the age of the victim, age of the offender, and conduct, distinguish one sex crime from the other. It is important to consult an experienced sex crime defense attorney regarding any sex crime accusation or charges filed against you.

The following sex crimes are related to lewd or lascivious battery in Florida:

• Lewd or lascivious molestation
• Lewd or lascivious exhibition
• Child molestation
• Prostitution
• Date rape
• Indecent exposure
• Sexual battery
• Rape
• Unlawful sexual activity with minors

Penalties for a Conviction

Generally, lewd or lascivious battery is considered a second degree felony. A felony of the second degree is punishable by a term of imprisonment not to exceed 15 years and a fine of no more than $10,000.

Lewd or lascivious battery is considered a first degree felony when the offender is 18 years of age or older and was previously convicted of a violation. A first degree felony is punishable by up to 30 years in prison and a fine of up to $10,000 under F.S. § 775.082 (b)1 unless specifically provided by statute.

Individuals convicted of lewd or lascivious battery under F.S. § 800.04 (4) may be required to register as a sex offender for the remainder of his or her life.

Schedule your free consultation today by calling 305-249-0090 if your case is out of Miami, 954-524-4474 if your case is out of Broward County, or contacting us online.