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Lewd or Lascivious Crimes

Melbourne and Brevard County Criminal Defense Attorney

If you’ve been arrested in Brevard County or surrounding Central Florida for a lewd or lascivious offense, it is imperative to seek an experienced criminal lawyer immediately. In Florida, Lewd or Lascivious crimes encompass a wide range of sexual acts. In general, the penalties for committing a Lewd or Lascivious acts may vary depending on the age of the victim and age of defendant at the time of the offense, as well as any injuries sustained by the victim during the offense. As with all Lewd or Lascivious offenses, consent is NOT a defense: even if a victim intentionally misrepresents his or her age.

Types of Lewd or Lascivious Crimes

There are 4 main types of lewd or lascivious crimes in Florida. Click below to learn more about each:

Lewd or Lascivious Molestation

Under Florida Law, the crime of lewd or lascivious molestation occurs when a person (1) intentionally touches the breasts, genitals, or buttocks (whether covered or uncovered) of a child under 16 in a lewd or lascivious manner; OR (2) Encourages, forces, or entices a child younger than 16 to touch another person in a lewd or lascivious manner. Neither lack of knowledge of the child’s age, consent of the child, nor proximity in age are legal defenses to this crime.  However defenses may exist. False allegations are common, and are made for a variety of reasons including jealousy, manipulation, or mental illness of the accuser.

The possible PENALTIES for Lewd or Lascivious Molestation are depicted below:

If, at time of the offense, if the offender’s age was: …and the victim’s age was: ..then, the crime is categorized as a:
18 years or older less than 12 years Life Felony, punishable by either a mandatory minimum of 25 years in prison followed by probation* for the rest of the person’s natural life, OR by Life in prison, and up to a $15,000 fine**
under 18 years OR less than 12 years Second Degree Felony, punishable by up to 15 years in prison, up to 15 years probation*, and up to a $10,000 fine.**
18 years or older 12 years or older, but less than 16 years Second Degree Felony, punishable by up to 15 years in prison, up to 15 years probation*, and up to a $10,000 fine.**
under 18 years 12 years or older, but less than 16 years Third Degree Felony, punishable by up to 5 years in prison, up to 5 years probation*, and up to a $5000 fine.**

* If placed on probation, the person would be placed on Sex Offender Probation
**If convicted, the person would be declared a sexual offender and (with certain, limited exceptions) would be required to comply with sexual offender registration laws in Florida and throughout the U.S. for life.

If you have been accused or arrested for lewd or lascivious molestation in Brevard County or Central Florida,  contact our office today for a FREE case evaluation.

Lewd or Lascivious Battery

Under Florida Law, the crime of lewd or lascivious battery occurs when a person (1) engages in sexual activity with a person 12 years of age or older, but less than 16 years of age, OR (2) encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. Neither lack of knowledge of the child’s age, consent of the child, nor proximity in age are legal defenses to this crime. However, legal defenses such as lack of intent may still exist. False allegations are common, and are made for a variety of reasons including jealousy, manipulation, and mental illness of the accuser.

The possible PENALTIES for Lewd or Lascivious Battery are depicted below:

If, at time of the offense, if the offender’s age was: …and the victim’s age was: ..then, the crime is categorized as a:
None specified in statute. 12 years or older, but less than 16 years Second Degree Felony, punishable by up to 15 years in prison, up to 15 years probation*, and up to a $10,000 fine.**

* The person would be placed on Sex Offender Probation
**If convicted, the person would be declared a sexual offender and (with certain, limited exceptions) would be required to comply with sexual offender registration laws in Florida and throughout the U.S. for life.

If you have been accused or arrested for lewd or lascivious battery in Brevard County or Central Florida, contact our office today for a FREE case evaluation.

Lewd or Lascivious Conduct

Under Florida Law, the crime of lewd or lascivious conduct occurs when a person (1) intentionally touches a person under 16 years of age in a lewd or lascivious manner; OR (2) solicits a person under 16 years of age to commit a lewd or lascivious act. Neither lack of knowledge of the child’s age, consent of the child, nor proximity in age are legal defenses to this crime. However, legal defenses such as lack of intent may exist. False allegations are common, and are made for a variety of reasons including jealousy, manipulation, or mental illness of the accuser.

The possible PENALTIES for Lewd or Lascivious Conduct are listed below:

If, at time of the offense, if the offender’s age was: …and the victim’s age was: ..then, the crime is categorized as a:
18 years or older less than 16 years Second Degree Felony, punishable by up to 15 years in prison, up to 15 years probation*, and up to a $10,000 fine.**
under 18 years less than 16 years Third Degree Felony, punishable by up to 5 years in prison, up to 5 years probation*, and up to a $5000 fine.**

* The person would be placed on Sex Offender Probation.
**If convicted, the person would be declared a sexual offender and (with certain, limited exceptions) would be required to comply with sexual offender registration laws in Florida and throughout the U.S. for life.

If you have been accused or arrested for lewd or lascivious conduct in Brevard County or Central Florida – Contact our office today for a FREE case evaluation.

Lewd or Lascivious Exhibition

Under Florida Law, the crime of lewd or lascivious exhibition occurs when a person – (1) intentionally masturbates, (2) exposes their genitals in a lewd or lascivious manner, or (3) commits any other sexual act that does not involve actual physical or sexual contact with the victim – in the presence of a victim under 16 years old. Neither lack of knowledge of the child’s age, consent of the child, nor proximity in age are legal defenses to this crime. However, legal defenses such as lack of intent may exist. False allegations are common, and are made for a variety of reasons including jealousy, manipulation, or mental illness of the accuser.

The possible PENALTIES for Lewd or Lascivious Exhibition are shown below:

If, at time of the offense, if the offender’s age was: …and the victim’s age was: ..then, the crime is categorized as a:
18 years or older less than 16 years Second Degree Felony, punishable by up to 15 years in prison, up to 15 years probation*, and up to a $10,000 fine.**
under 18 years less than 16 years Third Degree Felony, punishable by up to 5 years in prison, up to 5 years probation*, and up to a $5000 fine.**

* The person would be placed on Sex Offender Probation.
**If convicted, the person would be declared a sexual offender and (with certain, limited exceptions) would be required to comply with sexual offender registration laws in Florida and throughout the U.S. for life.

If you have been accused or arrested for lewd or lascivious exhibition in Brevard County or Central Florida, contact our office today for a FREE case evaluation.

Harsh Penalties for Lewd or Lascivious Crimes in Florida

A criminal conviction for a lewd or lascivious crime can carry serious implications. Maximum prison sentences range from 5 years to life in prison. In addition, long terms of sex offender probation may be ordered. Sex offender probation is more difficult than traditional probation and involves many more required conditions as does regular probation. These conditions may include curfews, polygraph examinations, sex offender treatment, prohibitions on living near schools or day cares, GPS monitoring, and mandatory registration as a sex offender. In addition, Florida prosecutors pursue these crimes aggressively in the court system.

Under the Criminal Punishment Code, Florida’s uniform system of sentencing, many lewd or lascivious crimes will score a mandatory prison sentence. However, under certain, limited circumstances, a court may deviate from those guidelines if your attorney can show that:

With so much at stake, it is crucial to retain an experienced criminal defense attorney at the earliest possible stage of your case. If you are under investigation for, or have been charged with a lewd or lascivious offense in Brevard County or anywhere in Central Florida, contact The Law Office of Richard G. Canina immediately. Let us use our extensive experience in handling sex cases to help protect your rights and defend your case. You can call our office at (321)-728-0989 or reach us by completing the CONFIDENTIAL contact form at the top right hand side of this page. Our experienced attorneys are  available every day of the year, 24 hours a day to speak with you regarding your situation.

CONTACT our office today for a FREE Case Evaluation.

Over 30 Years Combined Experience Defending Your Rights!

If you have been arrested or believe that you might be arrested for a lewd or lascivious offense or any sex crime in Brevard County or surrounding Central Florida,  you should immediately contact an aggressive sex-crimes defense lawyer who is experienced in handling these matters.

At the Law Office of Richard G. Canina, our firm sets itself apart from others in the level of personal service and attention we provide to our clients and their cases. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With over 30 years of combined experience defending against sex crime charges, our attorneys will work hard to get you the best result possible. If you have been arrested for a sex crime in Brevard County or Central Florida, we want to help you!

Brevard County Florida Criminal Defense Attorney

The Law Office of Richard G. Canina proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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