Defending Against Lewd and Lascivious Behavior Charges in Florida
Lewd and lascivious behavior charges in Florida can carry severe penalties, including lengthy prison sentences and lifetime sex offender registration. That’s why it’s critical to consult with an experienced Florida criminal defense attorney if you are facing such allegations. There are often viable defenses that can get the charges reduced or even dismissed entirely.
What Constitutes Lewd and Lascivious Behavior in Florida
Florida statute 800.04 defines lewd and lascivious behavior as intentionally touching a person under 16 years old in a lewd or lascivious manner or soliciting a person under 16 years old to commit a lewd or lascivious act. Lewd means indecent or obscene, while lascivious means lustful or lecherous. So basically any sexual touching or solicitation of a minor can potentially lead to lewd and lascivious charges.
Some examples of acts that could result in charges include:
- Fondling or groping a minor’s private parts, even through clothing
- Exposing one’s genitals to a minor
- Masturbating in front of a minor
- Asking or coercing a minor to touch you sexually
- Engaging in oral, vaginal, or anal sex with a minor
- Sending sexually explicit messages or images to a minor
- Showing pornography to a minor
The severity of the charges depends on the age of the alleged victim and the nature of the sexual contact. Lewd conduct with a victim 12-15 years old is generally a second-degree felony, while lewd conduct with a victim under 12 is a first-degree felony with even harsher penalties.
Common Defenses Against Lewd and Lascivious Charges
If you are accused of lewd and lascivious behavior with a minor, don’t assume you are doomed. An experienced defense attorney can often get charges dismissed or reduced by raising reasonable doubt about what happened. Here are some of the most common defenses:
You Didn’t Actually Commit the Act
The most straightforward defense is that you didn’t actually engage in the lewd or lascivious behavior of which you are accused. For example, perhaps the alleged victim is lying or mistaken about what occurred. If there is little evidence beyond one person’s word against another’s, an attorney can argue reasonable doubt exists.
False Accusations
Unfortunately, false accusations do occur, including in cases involving alleged sex crimes against minors. A skilled lawyer will thoroughly investigate the background of the accuser and their potential motivations. If there are credibility issues or a history of dishonesty, those can be used to undermine the accusations.
Mistaken Identity
It’s also possible the accuser identified the wrong person as the perpetrator. Eyewitness misidentification has contributed to many wrongful convictions. Your attorney may be able to show you couldn’t have committed the alleged acts due to having an alibi or not matching the description of the perpetrator.
Misinterpretation of Innocent Conduct
Certain innocent behaviors like affectionately hugging a child or helping them change clothes could be misconstrued as being sexually motivated. Your lawyer can argue there was no sexual intent behind your actions.
Lack of Intent
In some cases, inappropriate touching may have occurred, but you genuinely didn’t realize the sexual nature of your actions. Your attorney could potentially argue you lacked criminal intent required for a lewd and lascivious conviction.
Mental Health Issues
If you suffer from mental illness, intellectual disabilities, or psychiatric conditions, your lawyer may be able to argue you couldn’t form the intent necessary for a lewd and lascivious conviction. A mental health evaluation showing your diminished capacity could help bolster this defense.
Consentual Activity
If the alleged victim was 16 or 17 years old, a defense may be that any sexual activity was entirely consensual. While Florida’s age of consent is technically 18, consensual sex between minors or a minor and a young adult is sometimes handled less harshly than forced acts.
Unlawful Police Conduct
If police violated your rights by improperly obtaining evidence or coercing a confession, your lawyer can file a motion to suppress that tainted evidence. This could cripple the prosecution’s case against you.
The Importance of an Experienced Lewd and Lascivious Defense Attorney
Facing lewd and lascivious charges is scary, but the outcome is far from hopeless if you have the right legal representation. An attorney experienced in defending against child sex crime allegations can thoroughly investigate the claims against you, identify any police misconduct, and raise reasonable doubts by presenting evidence and testimony supporting potential defenses.
They will also negotiate aggressively with prosecutors to get charges reduced or dismissed through pretrial diversion programs, especially if it’s a first offense. Diversion programs allow defendants to avoid conviction by completing probation, counseling, community service and other requirements.
If charges aren’t dismissed pretrial, your lawyer will fiercely defend you at trial, scrutinizing all evidence and witnesses for credibility issues. Even if convicted, they can advocate for the lightest sentence possible under the circumstances.
Don’t go it alone against Florida’s powerful prosecutors. Hire a dedicated lewd and lascivious defense attorney to protect your rights, freedom and reputation. The consequences are too severe not to have an experienced lawyer on your side fighting to get these life-changing charges dropped or reduced.