What is the Statute of Limitations for Lewd and Lascivious Offenses?

November 22, 2023 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Prosecution for alleged crimes in Florida typically comes with a Statute of Limitations. This is a time-based restriction for how long a prosecutor can wait to file criminal charges, or for a person to report the alleged crime to police. However, some offenses do not have a statute of limitations due to the severity of the offense. This typically occurs for sex crimes or crimes against children.

It is important to be familiar with Florida’s Statute of Limitations, as well as the offenses with exceptions to the law. This page will provide details from a recent example case, information on allotted time for victim reporting, as well as the statute of limitations for certain lewd and lascivious offenses.

Example Case Details

The Miami-Dade Police arrested a 65-year-old after a teen girl reported alleged sexual abuse from when she was as young as 6-years-old.

According to a local news report, the girl, who is now 13 years old, told police that Porfirio Diaz sexually abused her multiple times when she was only 6 years old. After investigating the victim’s claims, police detained Diaz for questioning. Diaz has since been arrested and charged with three counts of lewd and lascivious molestation against a victim 12 years of age or younger.

Despite the time that elapsed from the crime, the victim’s young age at the time of alleged abuse provides that she is still able to report it to police.

Period for Victim Reporting

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.

Prosecution for Offenses Between July 1, 2004 – June 30, 2006

For alleged offenses of sexual battery or lewd or lascivious offenses under Sections 800.04 or 825.1025 that are not barred from prosecution between July 1, 2004, and June 30, 2006, 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.

Prosecution for Offenses on or After July 1, 2006

Section (16)(a) provides that prosecution for any of the following offenses that are not barred from prosecution on or after July 1, 2006, may be prosecuted at any time after the date on which the identity of the accused is established, or should have been established by due diligence or DNA evidence:

• Aggravated battery or any felony battery offense under chapter 784;
• Kidnapping or false imprisonment;
• Sexual battery;
• Lewd or lascivious offenses;
• Burglary;
• Robbery;
• Carjacking; or
• Aggravated child abuse.

Victims Under 16

Section (18) explains that criminal prosecution for lewd or lascivious battery and lewd or lascivious molestation where the victim was under the age of 16 at the time of the offense, can be commenced at any time.

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

Penalties for Lewd & Lascivious Offenses

Florida Statute Section 800.04 provides penalties for each type of lewd or lascivious offense.

• Lewd or Lascivious Exhibition – Third-degree felony if defendant is younger than 18; Second-degree felony if defendant is 18 or older.
• Lewd or Lascivious Conduct – Third-degree felony if defendant is younger than 18; Second-degree felony if defendant is 18 or older.
• Lewd or Lascivious Molestation – Third-degree felony if defendant is younger than 18 and victim is between 12 and 16; Second-degree felony if defendant is younger than 18 and victim is younger than 12 or defendant is 18 or older and victim is between 12 and 16; Life felony if defendant is 18 or older and victim is younger than 12.
• Lewd or Lascivious Battery – Second-degree felony; First-degree felony if defendant is 18 or older and was previously convicted of certain sex crimes.

To find out more about lewd and lascivious acts in Florida, refer to our page here.

Consult a Tallahassee Sex Crime Defense Attorney 

No matter the type of offense, it is always a good idea to consult with a defense attorney if you are being prosecuted for a crime. A Tallahassee criminal defense attorney can analyze your case and determine if there are any defense strategies to poke holes in the prosecution’s case. Convictions carry expensive fines, imprisonment, and registration as a sex offender for certain sex crimes. To avoid these negative consequences, consider contacting Pumphrey Law Firm. Our defense attorneys have years of experience helping defend Floridians wrongfully accused of crimes. We represent those in need of defense in Tallahassee and the surrounding North Florida areas. Call us today at (850) 681-7777 or leave us a message on our website. 

Written by Karissa Key

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