I have extensive experience in defending lewd and lascivious behavior cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each lewd and lascivious behavior case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced lewd and lascivious behavior attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you lawfully stopped, detained and arrested?
• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Were you read your Miranda rights? Were your statements obtained illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS LEWD AND LASCIVIOUS BEHAVIOR

Lewd and lascivious behavior is a very serious crime. Under Florida Statute 800.04, the crime of lewd or lascivious behavior is a sexual act committed upon or in the presence of a child under 16 years of age.

HOW IS LEWD AND LASCIVIOUS BEHAVIOR PROVEN IN FLORIDA?

There are several different type of lewd and lascivious behavior: lewd and lascivious molestation, lewd and lascivious battery, lewd and lascivious conduct and lewd and lascivious exhibition. The age of the defendant, the age of the victim and method of touching or lack thereof is relevant in determining the severity of the charge.

Lewd and Lascivious Molestation

To prove the crime of Lewd or Lascivious Molestation, the State must prove the following three elements beyond a reasonable doubt:

1. Defendant in a lewd or lascivious manner, intentionally touched the breasts, genitals, genital area, buttocks, clothing covering the breasts, clothing covering the genitals, clothing covering the genital area or clothing covering the buttocks of victim
   OR
   Defendant in a lewd or lascivious manner, intentionally forced, enticed victim to touch the breasts, genitals, genital area buttocks, clothing covering the breasts, clothing covering the genitals, clothing covering the genital area or clothing covering the buttocks of the defendant
2. At the time of the offense, victim was 12 years of age or older but less than 16 years of age or  was less than 12 years of age.
3. At the time of the offense, defendant was 18 years of age or older or was less than 18 years of age.
4. Full standard jury instructions

Lewd and Lascivious Battery

To prove the crime of Lewd or Lascivious Battery, the State must prove the following two elements beyond a reasonable doubt:

1. Defendant committed an act upon or with victim in which the sexual organ of the defendant and/ or victim penetrated or had union with the anus, vagina or mouth of victim or defendant .
   OR
   committed an act upon or with victim in which the anus or vagina  of victim defendant was penetrated by an object.
2. At the time of the offense, victim was 12 years of age or older, but less than 16 years of age.
3. Full standard jury instructions

Lewd and Lascivious Conduct

To prove the crime of Lewd or Lascivious Conduct, the State must prove the following three elements beyond a reasonable doubt:

1. Defendant intentionally touched victim in a lewd or lascivious manner.
   or solicited victim to commit a lewd or lascivious act.
2. At the time of the offense, victim was under the age of 16 years.
3. At the time of the offense, defendant was 18 years of age or older or st the time offense, (defendant) was less than 18 years of age.
4. Full standard jury instructions

Lewd and Lascivious Exhibition

To prove the crime of Lewd or Lascivious Exhibition, the State must prove the following four elements beyond a reasonable doubt:

1. Defendant intentionally masturbated, intentionally exposed his or her genitals in a lewd or lascivious manner or committed a sexual act,  sadomasochistic abuse, sexual bestiality or simulation of any act involving sexual activity that did not involve actual physical or sexual contact with victim
2. The act was committed in the presence of victim
3. At the time of the offense,victim was under the age of 16 years.
4. At the time of the offense, defendant was 18 years of age or older or at the time of the offense, (defendant) was less than 18 years of age.
5. Full standard jury instructions

Penalties for LEWD AND LASCIVIOUS BEHAVIOR

Lewd and lascivious behavior is a very serious crime. The punishment for lewd and lascivious behavior will depend on the specific charges, previous criminal convictions, the age of the alleged victim and the age of the alleged defendant at the time of the incident. Depending on these factors, a defendant may be charged with a first, second, or third degree felony.

A first degree felony is punishable by up to 30 years in prison  and a fine of up to $10,000.

A second degree felony can result in prison for 15 years and a fine of up to $10,000.

A third degree felony charge can lead to five years of prison time and a fine of up to $5,000.

Other penalties include:

• Permanent criminal conviction
• Community control, house arrest or supervised probation
• Register as a sex offender
• Psycho-sexual evaluation

DEFENSES FOR LEWD AND LASCIVIOUS BEHAVIOR

There are many defenses available to contest a charge of lewd and lascivious behavior in Florida. Some of the more common defenses include the following:

• The criminal act did not occur and the allegations are false
• Lack of lewd intent
• Mistaken identity

LEWD AND LASCIVIOUS CASE LAW

Halliday v. State, 5D15-1803 (Fla. 5th DCA 2016) Where the only evidence to support a conviction was the victim’s out-of-court statements, which were contradicted by her in-court testimony, a trial court reversibly errs by denying a motion for judgment of acquittal as to a charge of lewd and lascivious molestation.

I DEFEND ALL SEX CRIME CASES

If you were recently arrested for, or charged with, lewd and lascivious behavior, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case, and determine how I can help.