Lewd or Lascivious Touching in Florida
Lewd or Lascivious Touching criminalizes the sexualized touching of a 16 or 17-year-old by a person 24 or older.
Under Florida Statute 794.051, the crime of Lewd or Lascivious Touching is committed when a person 24-years-old or older intentionally touches the breasts, genitals, genital area, buttocks, or the clothing covering those areas, of a person 16 or 17-years-old or forces or entices a person 16 or 17-years-old to so touch the perpetrator.
Definition of “Lewd or Lascivious”
The words “lewd” and “lascivious” are synonymous (mean the same thing) and are defined as a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
Strict Liability Crime
Lewd or Lascivious Touching is a strict liability crime, meaning it is not a defense that the minor either lied about their age or consented to the sexual contact. [1]
Penalties for Lewd or Lascivious Touching
The crime of Lewd and Lascivious Touching is a Third Degree Felony punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Under Florida’s Criminal Punishment Code, Lewd and Lascivious Touching is assigned a Level 4 offense severity ranking and, absent prior criminal history or grounds for a downward departure sentence, a judge is required to sentence a person convicted of Lewd or Lascivious Touching to a minimum sentence of 27 months in prison, but may also sentence the person up to the statutory maximum of five years in prison.
Mitigating Circumstances
Under certain circumstances, the court can deviate from the minimum prison sentence required under Florida’s sentencing guidelines if it can be shown:
- The 16 or 17-year-old was an initiator, willing participant, aggressor, or provoker of the incident;
- The defendant requires specialized treatment for a mental disorder (unrelated to substance abuse or addiction) and is amenable to treatment.
Secondary Consequences
The crime of Lewd or Lascivious Touching was passed into law in 2022 and, as a result, many of the secondary consequences applicable to other enumerated sex crimes do not currently apply to the crime of Lewd or Lascivious Touching.
However, it should be expected the Florida Legislature will address these omissions as the crime becomes more widely prosecuted and the following secondary consequences may become applicable to a conviction for Lewd or Lascivious Touching.
Gain Time Ineligibility
A person sentenced to prison for an enumerated sex crime is ineligible for gain time and must serve the entirety of their prison sentence, day-for-day. [2]
Mandatory Probation
A person sentenced to prison for an enumerated sex crime must be placed on sex offender probation for at least two years following their release. [3]
Civil Consequences
A person convicted of an enumerated sex crime will be declared a sexual offender and must comply with sexual offender registration laws in Florida and throughout the United States for the remainder of their lives.
Defenses to Lewd or Lascivious Touching
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, the two primary defenses to the crime of Lewd and Lascivious Conduct are:
False Allegations
Typical reasons for false allegations include:
- Jealousy,
- Manipulation of children by an angry parent,
- Mental illness of the accuser,
- Mentally ill parents influencing a child, or
- Parental Alienation.
As a result, it is critically important to investigate the accuser and expose any motive that may exist for making a false accusation of Lewd or Lascivious Touching.
Lack of Lewd Intent
A core element of the crime of Lewd or Lascivious Touching is a lewd or lascivious intent. As a result, it is a defense to the charge of Lewd or Lascivious Touching that there was no lewd or lascivious intent behind the questioned touching.
Contact Orlando Criminal Defense Attorney
If you have been arrested or charged with the crime of Lewd or Lascivious Touching in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.