What is Lewd and Lascivious Molestation in Florida?

May 15, 2024 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, various charges related to sexual abuse, including sexual abuse of children, exist. Sometimes, it can be difficult to distinguish between them. 

Under Florida Statute 800.04, lewd and lascivious molestation may be charged if someone is accused of intentionally touching a person under the age of 16 in a lewd or lascivious manner, or forcing the victim under 16 to touch the defendant in the following areas:

• Breasts
• Genitals
• Genital area
• Buttocks
• Clothing covering the genital area

Potential criminal penalties vary if convicted of lewd and lascivious molestation. If the defendant was younger than 18 when accused of lewd and lascivious molestation and the victim was between the ages of 12-15, it could result in a third-degree felony charge. The penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison.

If the defendant was 18 years or older when accused of lewd and lascivious molestation and the victim was between the ages of 12-15, it could result in a second-degree felony charge. The penalties for a second-degree felony include up to a $10,000 fine and up to fifteen years in prison.

If the defendant was younger than 18 when accused of lewd and lascivious molestation and the victim was under the age of 12, it could also result in a second-degree felony charge.

If the defendant was 18 years or older when accused of lewd and lascivious molestation and the victim was under the age of 12, this could result in a life felony charge, punishable by up to life in prison.

Proving Lewd and Lascivious Molestation

According to the Florida Bar, three key elements of the offense must be proven in order to sustain a conviction for molestation in Florida under 800.04, which was last updated in 2023.

1. In order to prove lewd or lascivious molestation, the State must first establish that the age of the victim at the time of the offense was either less than 12 years of age, or between 12 and 16 years of age. This is significant as penalties are most severe if the victim is younger than 12, with adults who commit the crime of lewd or lascivious molestation potentially facing life felony charges.
2. Second, the State must prove that the defendant intentionally touched an area of the victim including their breasts, buttocks, genitals, genital area, and clothes covering the genitals in a lewd and lascivious manner. A molestation conviction may also be sustained if a victim was forced or enticed to touch these areas on the defendant.

Important: The conduct itself must be shown to be lewd and lascivious. These are actions that involve “a wicked, lustful, unchaste, licentious or sensual intent on the part of the person doing an act.” Additionally, a victim’s lack of sexual chastity nor consent can be raised as a defense.

1. Finally, the State must establish the defendant was either over or under the age of 18 at the time of the offense. Those over the age of 18 will generally receive more severe penalties for lewd and lascivious molestation compared to offenders under the age of 18.

Note: An accused individual may not defend from the charge of molestation on the grounds that they were ignorant of the victim’s age, including if such a belief was genuine and the result of misrepresentation by the victim.

Statute of Limitations

Another common question surrounding lewd and lascivious molestation is how long after the commission of the offense an alleged perpetrator can be prosecuted.

Pursuant to Florida Statute Section 775.15(13)(a), a victim under the age of 18, of an offense with a statute of limitations, if any, does not begin until the victim has reached the age of 18. Alternatively, the statute of limitations will not begin until the violation is reported to law enforcement, whichever option occurs first. 

Put simply, if the victim of lewd and lascivious molestation is a minor, any applicable statute of limitations does not begin until the victim turns 18 or reports this to law enforcement. 

For alleged offenses between July 1, 2004, and June 30, 2006, these may be prosecuted within one year after the date on which the identity of the accused is established, or should have been established by due diligence or DNA evidence.

An allegation of lewd and lascivious molestation made after July 1, 2006, is not time-barred. Thus, there is no statute of limitations on such an offense, no matter when the identity of the accused is established or should have been established. 

However, there is an exception if the alleged offender was under 18 and the victim was no more than four years younger than the offender at the time of the offense.

Contact a Criminal Defense Attorney in Tallahassee, Florida

Florida has extremely harsh implications for sex crimes, and such crimes are likely to be prosecuted to the fullest extent of the law. If you or someone you love is being accused of a sexual offense, consider hiring legal representation with Pumphrey Law Firm. 

Our team of attorneys can review your case details during a free consultation. Contact our office today at (850) 681-7777 or fill out our online form.

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