Accusations that you violated lewd and lascivious laws in Bradenton may not seem that serious at first. When people think of those terms, they imagine crude and overtly sexual behavior, but not necessarily a crime with victims.
In Florida, these terms primarily refer to sex crimes against minors, not just crude sexual behavior. You need to treat the charges very seriously since convictions can lead to severe legal and personal consequences, including lengthy prison sentences and mandatory registration as a sex offender.
Florida Sex Crime Laws
Under Florida law, many acts of child sexual abuse are categorized as lewd and lascivious offenses. They involve sexual acts with or in the presence of a child younger than 16, whether or not the child agreed. Some of the more common charges include:
- Lewd or lascivious battery, Florida Statutes § 800.04(4)–engaging in sexual activity with a child aged 12 to 15
- Lewd or lascivious molestation, Florida Statutes § 800.04(5)–intentionally touching the breasts, genitals, or other intimate parts of a child under 16
- Lewd or lascivious conduct, Florida Statutes § 800.04(6)–intentionally touching a child under 16 in a lewd or lascivious manner
- Lewd or lascivious exhibition, Florida Statutes § 800.04(7)–intentionally exposing genitals or performing a sexual act in the presence of a child under 16
Penalties for these crimes are usually more severe than if the complaining victim is an adult. Penalties vary depending on factors such as the age of the alleged victim and the nature of the act. The age of the offender can also impact charges. Felony charges can lead to lengthy prison sentences, probation, fines, and a permanent criminal record.
How We Defend Against Lewd and Lascivious Charges
When people think there has been a child victim of sexual assault, they tend to reject your explanations and assume any denials are lies. However, the reality is that many people charged with these crimes are caught up in a system that is not designed for nuance. That is why defending against lewd and lascivious allegations in Bradenton requires meticulous attention to detail and a thorough investigation of the facts.
Our team at Goldman Wetzel takes a proactive approach by:
- Analyzing police reports for inconsistencies or procedural errors
- Interviewing witnesses and gathering supporting evidence
- Challenging the credibility of the accuser when appropriate
- Seeking to exclude inadmissible or improperly obtained evidence
Developing a defense strategy may include considering issues such as mistaken identity or false accusations. Many sex crime allegations between adults depend on arguments about consent. However, consent is not a defense to a lewd or lascivious charge, whatever your age at the time of the offense, and neither is a mistake about the child’s age. Florida’s Romeo and Juliet law is not a defense either, because it only affects sex offender registration. Your age does affect the degree of some of these charges, and other defenses may still be available.
The victims of these crimes are young people, and the age range in question is usually characterized by high emotional volatility. These young people may make accusations that are untrue in order to gain clout or, ironically, to impress others. Then, when the accusations snowball, the accuser may not know how to fix things.
Mistaken identity is another potential defense. In some cases, the victim did experience some violation but may be accusing the wrong person. Eyewitness testimony, even for victims, is notoriously unreliable. In these instances, our team may use investigators, scientific evidence, and other tools to show that someone else did it.
Contact Our Bradenton Attorneys To Learn More About How Lewd and Lascivious Laws May Impact You
If you or a loved one is facing charges under lewd and lascivious laws in Bradenton, do not wait to seek legal help. The earlier you get legal help, the more options you have and the better your outlook. Having a strong defense team by your side can help you make your way through the legal system without giving away your constitutional protections.
Contact Goldman Wetzel today to discuss your case with our dedicated team. We will stand by your side, ensure you understand the laws, and fight to protect your rights. We take on challenging cases and provide supportive, straightforward guidance throughout the legal process. For more detail on these charges, see our Florida lewd and lascivious lawyer page and our Florida sex crimes lawyer page.