florida’s molestation laws examined by a tampa criminal lawyer
A lewd and lascivious charge is a complex criminal offense. Why? The law itself is one reason. Another reason is how the law defines each type of lewd act. Each of those offenses involves a distinct set of facts with a distinct set of issues.
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- § How the law defines the charge and the facts of your case
- § Facts of the case and police report discrepancies
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When the Florida Legislature crafted the laws and sentencing guidelines for a lewd and lascivious charge, it lack a full explanation of what a lewd and lascivious charge is. To identify conduct which reaches the level of a lewd act, it relied on a Florida Supreme Court ruling. Again, if this conduct is a difficult for lawmakers to define, its prosecution may be just as difficult.
The Florida Supreme Court Defines Lewd and Lascivious Acts
Boles v. State was the case in which the Florida Supreme court defined acts which qualified as lewd acts. In a opinion from Method v. State, the court reaffirmed the definition from Boles v. State which stated, “lewd and lascivious are terms which are synonymous with wicked, lustful, unchaste, licentious, or sensual design on the part of the perpetrator” (Boles v. State 27 So. 2d 293 (Fla. 1946)).
This court also connected lewdness with an illegal sexual desire: “lewdness is defined by the unlawful indulgence of lust, signifying that form of immorality which has a relation to sexual impurity”. In their efforts to clarify what these acts are, these Florida Supreme Court justices have not actually made lewd acts easier to understand. What is sexual impurity, for instance? Is this one of those cases of, I know it when I see it, a phrase made famous by Justice Potter Steward? Be that as it may, there is an even more important question. What have these Florida Supreme court justices done?
Vagueness in Florida’s criminal laws: lewd acts
The Supreme Court Justices have made it easier for a Tampa prosecutor to bring a lewd and lascivious charge against someone. By giving a vague explanation of a lewd and lascivious act, the legislature and the Florida Supreme Court grants tampa and other Florida prosecutors increased authority in their efforts to bring a criminal charge against someone. In other words, if a tampa prosecutor wants to bring a lewd charge against someone for acts which that prosecutor deems an act of sexual impurity with an alleged victim, the he or she can do just that. A precisely constructed definition of sexual misconduct, connected to each lewd offense, would limit the powers of the prosecutor to charge someone in Pinellas County with a lewd act.
Defining lewd conduct in Tampa
Understanding how Tampa law enforcement charges someone with a lewd act requires that we first understand how Florida law defines sexual activity. Why does that matter? This statute is one of the tools which Florida law enforcement and prosecutors use to bring a case against someone. Under Florida Statute 800.04, lawmakers define sexual activity as the following:
the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
A lewd and lascivious charge is more easily understood when one has clear grasp of the legal description of these sexual acts. Because this definition is a part of the prosecution’s case, it could be instrumental in building your defense.
Types of lewd and lascivious Acts
Florida’s lewd and lascivious law is found in Florida Statute 800.04.
- Four types of lewd charges
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- § Lewd and lascivious battery
- § Lewd and lascivious molestation
- § Lewd and lascivious conduct
- § Lewd and lascivious exhibition
Intentional or unintentional molestation and other lewd laws
Molestation laws can be found in Florida statutes which cover Lewd and Lascivious offenses. As stated above,Boles v. State court decision, the Florida legislature has distinguished among various types of lewd acts and there punishment.
Lewd and lascivious battery–a second degree felony
- Florida Statute 800.04(4) and is defined as follows:
- Any person who:
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- § Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree.
- § Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree
Lewd and lascivious Molestation–its severity
- Unlike other Lewd and Lascivious charges, Lewd and Lascivious Molestation can carry a life sentence. In that instance, the law focuses on the age of the victim and the defendant. This offense ยง800.04(5) identifies the kind of touching which is required to bring this charge.
- Any person who:
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- § intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or 2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age
- § commits a felony of the second degree. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree
Florida’s Lewd And Lascivious Conduct Offense–Its Severity
- Florida Statute 800.04(4) and is defined as follows:
- Any person who:
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- § Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
- § Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct. (b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree.
- § (c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree.
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