Lewd and Lascivious molestation is commonly called child molestation and is a very serious felony crime. Florida statute 800.04(5)(a) defines lewd and lascivious molestation as "[a] person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation."
If a person is over the age of eighteen (18) and the victim is under twelve (12), the person is going to face a LIFE felony punishable by either a minimum sentence of LIFE or a sentence of a minimum of 25 years followed by probation for the rest of the person's life.
If the person is over the age of eighteen (18) and the victim is over twelve (12) years old but under the age of sixteen (16), a person would facing a second degree felony punishable by up to fifteen (15) years in state prison.
Lewd and Lascivious Conduct is defined as intentionally touching a person under 16 years of age in a lewd or lascivious manner or solicits a person under 16 years of age to commit a lewd or lascivious act. This is a second degree felony (for a person over the age of eighteen (18) punishable by up to fifteen (15) years in state prison.
Lewd and Lascivious Exhibition is defined as being in the presence of a person is who is less than 16 years of age and:
If a person accused of this crime is 18 years of age or older, he or she will be facing a second degree felony punishable by up to fifteen (15) years in state prison.
A mother’s breastfeeding of her baby is not a criminal activity and is specifically mentioned in the law as an exception.
Antonio Jimenez is a former prosecutor and an experienced criminal attorney based in Miami, Florida who has defended many clients facing child molestation and other lewd and lascivious crimes. Florida is very strict when it comes to crimes against children and the possible penalties for lewd and lascivious crimes range from fifteen (15) years in state prison to life in prison plus mandatory sex offender registration. A simple misunderstanding about what actually happened and even false accusations from the child or the child’s parents can lead to prosecution. As a former prosecutor, Mr. Jimenez knows how to exploit the prosecutor’s case and will do everything possible to achieve the best resolution possible. Contact him today for a free confidential consultation about your case.