Lewd And Lascivious Conduct Charges In Clearwater? You Need A Tough Lawyer.

Last updated on May 23, 2025

Lewd and lascivious crimes in Florida are taken seriously in the state of Florida. My name is Jenna Finkelstein, and I have dedicated my legal career to providing criminal defense for clients in Clearwater and the surrounding Tampa Bay communities.

As the founder of Finkelstein Firm, P.A., I am prepared to fight to defend you from these charges. Prosecutors in Florida will actively and aggressively prosecute lewd or lascivious battery charges to the full extent of the law, and I will not back down from the challenge of defending you.

What Is Lewd And Lascivious Conduct?

In Florida, lewd or lascivious battery is also commonly referred to as “statutory rape.” Lewd or lascivious battery applies to victims who are between 12 and 16 years of age. It is a strict liability crime, meaning that one does not have to intend to commit a crime. In other words, not knowing the age of the victim or thinking or assuming that the victim was older than their actual age cannot be raised as a legal defense.

In Florida, lewd or lascivious conduct, commonly referred to as L&L conduct, is a serious offense that involves the unlawful touching of a child under the age of 16. The definitions of the words “lewd” and “lascivious” are broad. Lewd and lascivious mean lustful, licentious, unchaste, wicked or sensual.

Understanding Florida Law Regarding Lewd Or Lascivious Battery

Under Florida Statute 800.04(4), a lewd or lascivious battery is committed by:

• 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 or any other act involving sexual activity

The offense of lewd or lascivious battery is a second-degree felony in Florida. If someone is convicted of a second-degree felony, then they can be sentenced to a period of incarceration of up to 15 years in prison. Additionally, the person will be ordered to pay a fine of up to $10,000, and they will be required to register as a sex offender.

It is important to note that many sexual offenses can be enhanced if aggravating factors, such as the use of a firearm or the age or mental incapacity of a victim, are involved.

What Is Lewd Or Lascivious Molestation In Florida?

In Florida, lewd or lascivious molestation prohibits the intentional touching of inappropriate areas on a child younger than the age of 16. Under Florida Statute 800.04(5), a lewd or lascivious molestation is committed when:

• A person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, butt or clothing covering any of those areas of a person under the age of 16.
• Forces or entices a person under 16 years of age to touch the perpetrator.

A conviction of this crime will be devastating and can result in geographical living limitations, the loss of a job and limitations on places that the convicted individual can congregate, among other things. As with all sexual crimes, the law can be difficult to navigate.

What Are The Penalties For Lewd Or Lascivious Molestation?

The penalties for a lewd or lascivious molestation conviction will vary depending on the age of the accused and the age of the alleged victim. In general, the courts will consider the following:

• If the accused is 18 years of age or older and the victim is less than 12 years old, then a conviction is punishable by life in prison.
• If the accused is less than 18 years old and the victim is less than 12 years old, then the charge is a second-degree felony, and a conviction is punishable by up to 15 years in prison.
• If the accused is 18 years of age or older and the victim is between 12 and 15 years old, then the charge is a second-degree felony, and a conviction is punishable by up to 15 years in prison.
• If the accused is less than 18 years old and the victim is between 12 and 15 years old, then the charge is a third-degree felony, and a conviction is punishable by up to five years in prison.

Each case in which someone is arrested or charged with lewd or lascivious molestation is different and may have a range of defenses. Defending sex crimes requires an experienced and dedicated criminal defense attorney who is willing to explore any and all possibilities using a variety of experts. You may be facing false allegations by someone with a motive to lie. The touching may have been accidental and, therefore, lacked intent. I will review your case and look for all defense possibilities.

What Is Lewd Or Lascivious Exhibition In Florida?

In Florida, there is a crime called lewd or lascivious exhibition. This charge prohibits the intentional exposure of the genitals in a lewd or lascivious manner, intentional masturbation or the commission of a sexual act in the presence of a person who is less than 16 years of age.

The penalties for lewd or lascivious exhibition will vary depending on the age of the accused. An offender who is 18 years of age or older will be facing a second-degree felony. Upon a conviction, this charge is punishable by up to 15 years in prison, along with sex offender probation and the mandatory requirement to register as a sexual offender. An offender who is less than 18 years of age will be facing a third-degree felony. Upon a conviction, this charge is punishable by up to five years in prison along with sex offender probation and mandatory sex offender registration.

Juveniles Accused Of Lewd And Lascivious Crimes

If a juvenile is accused of lewd and lascivious conduct, the stakes can be high. Consequences can include detention, probation and a criminal record. In some cases, a juvenile charged with lewd and lascivious conduct could even be tried as an adult. Some examples of lewd and lascivious activities that juveniles can be charged for include:

• Sexting: Sexting includes sending sexually explicit photos or messages.
• Inappropriate touching: Touching another person in a sexual manner without their consent can be charged as a crime.
• Indecent exposure: Exposing one’s genitals in a public place is a crime.
• Online solicitation: Initiating contact and communicating with an adult online with the intent of engaging in sexual activity is a crime.
• Cyberbullying: Using electronic communication to bully or harass another person in a sexual manner can lead to lewd and lascivious charges.

The juvenile justice system can be complex and confusing, and it is important to have a criminal defense lawyer who has experience with it on your side. I can help you protect your child’s rights, answer your questions and fight for their future. I will thoroughly investigate the allegations and explore all options for resolving the matter.

Consult A Clearwater Lewd Conduct Defense Lawyer For Free

If you have been arrested or accused of a lewd or lascivious sex crime in Florida, it is important to consult an experienced defense lawyer. I offer free initial case evaluations and consultations in which I can answer my clients’ questions and tell them more about how I can help them with their cases. To schedule your free appointment, you can call my firm today at 727-202-4418 or send me a message.