Your Defense Against Lewd and Lascivious Charges in Orlando
There is nothing more terrifying than being accused of lewd and lascivious behavior, especially when this accusation involves a child. Even if there is no evidence that you did anything, the mere accusation of lewd and lascivious behavior can ruin your reputation and your life. If you are convicted, your life as you know it is over.
Lewd and Lascivious Charges
Lewd and lascivious charges cover a variety of criminal acts that can be punishable by severe penalties in the state of Florida. The four main charges of lewd and lascivious crimes include:
- Lewd or lascivious molestation: Is the intentional and lewd and lascivious touching of a child under the age of 16 or forcing or enticing a child under the age of 16 to lewdly and lasciviously touch the perpetrator. It is a life felony to commit this act against a child under the age of 12.
- Lewd or lascivious battery: Is the engaging in sexual activity with a child older than the age of 12, but younger than the age of 16 and also forcing, encouraging or enticing a child under the age of 16 to engage in sexual activity.
- Lewd or lascivious conduct: Is the intentional and lewd and lascivious touching of a child under the age of 16 or forcing or enticing a child under the age of 16 to commit a lewd or lascivious act.
- Lewd or lascivious exhibition: Is when a person masturbates, exposes his/her genitals in a lewd and lascivious manner, or engages in any other sexual act that doesn't involve any contact with the victim who is under the age of 16.
The penalties depend on the age of both the victim and the accused. If the victim is under 12 years of age and you are over 18, you could be sentenced to prison for the rest of your life. All sex crimes against children are subject to sex offender registration as well as civil commitment proceedings under the Jimmy Ryce Act.
Defending Lewd and Lascivious Cases
Consent is not a defense in lewd and lascivious cases. Nor is lack or knowledge of the age of the victim. Like statutory rape charges, children under the age of 16 do not have the ability to give consent to sexual activity.
Our lawyers will examine any evidence the state may have, as well as any motives your accuser may have to falsely accuse you. It's not unusual for people to be falsely accused of sex crimes by a child seeking attention or an ex-spouse seeking the upper hand in a child custody dispute.
What if I Confessed to Police? If you confessed to police, our lawyers will look for ways to get the confession thrown out. Even if police read your Miranda rights, they cannot compel you to make a confession. Your confession must be given voluntary.
Free Case Evaluation
If you face lewd and lascivious molestation charges, your best defense is to contact a lawyer as soon as possible. To schedule a free case evaluation with the attorneys at the Bigney Law Firm, call 407-792-2923 any time of the day or night or fill out our contact form. For your convenience, our office is located in downtown Orlando, Florida, one block behind the courthouse. For your convenience, our office is located in downtown Orlando, Florida, one block behind the courthouse. Se habla Español.