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Child Molestation

Crimes against children that are of a sexual nature are taken very seriously in Florida. Being convicted of a sex crime could result in financial hardships, destroy a family, result in years of incarceration, and permanently ruin a person's hard earned reputation.

Unfortunately, the burdens and embarrassment do not stop there. A person convicted of a sex crime is required by law to register themselves with Florida's sex offender registry, which can be extremely humiliating because it is public record. This means friends, family, employers, and neighbors would be able to research them by name and access details of their alleged transgression.

Here at The Hoffman Firm we believe false allegations of this magnitude that can cause irreparable harm to an innocent person have no place in society and we are prepared to fight for your rights.

Miami Child Molestation Defense Attorney

If you have been charged with lewd or lascivious battery, molestation, conduct, exhibition, statutory rape, child molestation, or any unlawful sexual activity with a minor, contact us at (305) 249-0090 today.

The Hoffman Firm has successfully proved child molestation allegations against our clients stemmed from false allegations throughout Hialeah, Doral, Coral Gables, Miami, North, Miami, Miami Beach, Miami Lakes, and other cities in Miami-Dade County, Florida.

Contact us today at (305) 249-0090 or submit an online contact form to clear your name and schedule your free initial consultation so we begin working on your case. All consultations are kept confidential.


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What is Child Molestation?

Child molestation is defined as a crime involving indecent or sexual activities shared between an adult and a child under the age of 16.

In Florida, offenses involving alleged acts of child molestation can be criminally charged under multiple laws, such as:

It is important to note that all sexual crimes involving lewd or lascivious behavior towards a child under the age of 16 are strict liability crimes. By these crimes being categorized as a strict liability offense, a defendant is unable to rely on commonly raised issues such as not knowing the child's real age or that the child consented to the sexual activity.


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Lewd or Lascivious Battery

Lewd or Lascivious Battery, more commonly referred to as statutory rape, criminalizes consensual sexual intercourse between an adult and a child older than twelve (12) years old but younger than sixteen (16).

According to Florida Statute 800.04, a person has committed a lewd or lascivious battery when:

  • The Defendant Engaged in Sexual Activity with a Child Between the age of twelve (12) and sixteen (16) years of age, or
  • Encouraged, forced, or enticed a child below sixteen (16) years of age to engage in a sexual activity.

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Penalties for Lewd or Lascivious Battery

A person convicted of Lewd or Lascivious Battery will receive a mandatory prison sentence of, at minimum, thirty-four and a half (34.5) months and the possibility of receiving a combination of any of the following penalties:

  • Additional time incarcerated of up to Fifteen (15) years,
  • Sex Offender Probation for up to Fifteen (15) years, or
  • A fine of up to $10,000

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Lewd or Lascivious Molestation

Lewd or Lascivious Molestation criminalizes consensual sexual intercourse with a child younger than sixteen (16) years of age that falls short of lewd or lascivious battery.

According to Florida Statute 800.04, a person has committed a Lewd or Lascivious Molestation when:

  • The Alleged Victim is Under the Age of 16 years old, and
  • The Defendant Intentionally Touched the Breast, Genitals, Genital area, or Buttocks, or the Clothing Covering Them, or
  • Forces or Entices a Child under 16 years of Age to Touch the Defendant.

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Penalties for Lewd or Lascivious Molestation

The nature of the offense and the circumstances surrounding the criminal act can vastly affect how the crime is categorized and the severity of the penalties imposed.

The different categorizations for a Lewd or Lascivious Molestation offense and the ranges of punishment are as follows:

Life Felony

  • Defendant was 18 or older and the child was under the age of 12 when the offense occurred,
  • Mandatory Prison Sentence of Twenty-Five (25) years, and
  • Sex Offender Probation for the Remainder of the Defendant's Life

In addition, the court has the discretion to impose any of the following penalties, or possibly both:

  • Up to Life in Prison, or
  • Fine of up to $10,000

2nd Degree Felony:

  • Defendant was 18 years or older and the child was older than 12 but younger than 16 when the offense occurred:
  • Mandatory Prison Sentence of 51 months in prison

In addition, the court has the discretion to impose any of the following penalties, or possibly both:

  • Up to Fifteen (15) Years in Prison,
  • Up to Fifteen Years of Probation, and possibly
  • A Fine up to $10,000

3rd Degree Felony:

  • Defendant was younger than 18 years of age and the child was older than 12 but younger than 16 when the offense occurred:
  • Mandatory prison sentence of 36 months

In addition, the court has the discretion to impose any of the following penalties, or possibly both:

  • Up to five (5) Years in Prison,
  • Up to five (5) Years of Probation, or
  • Up to a $5,000 fine

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Lewd or Lascivious Conduct

Lewd or Lascivious Conduct criminalizes the inappropriate touching of a child younger than sixteen (16) years old in a lewd or lascivious manner but falls short of lewd or lascivious molestation.

According to Florida Statute 800.04, a person has committed a lewd or lascivious conduct when:

  • The Defendant intentionally touched a person under 16 years old in a Lewd or Lascivious Manner, or
  • Solicited a person under the age of 16 to commit a Lewd or Lascivious act

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Penalties for Lewd or Lascivious Molestation

  • 2nd Degree Felony:
  • Defendant was 18 years of age or older
  • Up to fifteen (15) years in Prison,
  • Up to Fifteen (15) years of Sex Offender Probation, or
  • Up to a $10,000 fine

3rd Degree Felony

  • Defendant was younger than eighteen (18) years of Age
  • Minimum twenty-four and a half (24.5) months in prison,

In addition, the court has the discretion to impose any of the following penalties, or possibly both:

  • Up to Five (5) years in Prison,
  • Up to Five (5) Years of Sex Offender Probation, or
  • Up to $5,000 in Fines

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Lewd or Lascivious Exhibition

Lewd or Lascivious Exhibition criminalizes intentional sexual performance in the presence of a child younger than the age of sixteen (16).

According to Florida Statute 800.04, a person has committed a lewd or lascivious exhibition when a person intentionally:

  • Masturbates,
  • Exposes genitals in a lewd or lascivious manner, or
  • Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age

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Penalties for Lewd or Lascivious Exhibition

  • 2nd Degree Felony:
    • Defendant was eighteen (18) years of age or older when the offense occurred:
    • The court can impose any combination of the following penalties;
      • Up to Fifteen (15) Years in Prison,
      • Up to Fifteen (15) Years of Sex Offender Probation, or
      • Up to $10,000 in Fines.
  • 3rd-degree Felony:
    • Defendant was Younger than eighteen (18) years of age when the offense occurred:
    • The court can impose any combination of the following penalties:
      • Up to Five (5) Years in Prison,
      • Up to Five (5) Years of Sex Offender Probation, or
      • Up to $5,000 in Fines

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Possible Defenses to Lewd and Lascivious Conduct

  • False Allegations:
    • The Most Common Defense
    • Typically occur from jealousy, manipulation of the child through an adult or parent, or mental defect of the accuser.
  • Lack of Lewd Intent
    • The prosecution must prove the defendant manifested Lewd Intent

Prohibited Defenses to Lewd and Lascivious Conduct

  • Ignorance of the Victim's Age           
    • The defendant's ignorance of the victim's age, the victim misrepresenting his or her age to the defendant, or the defendant's bona fide belief of the victim's age can not be raised as a defense.
  • Victim's Consent
    • The victim consenting and willfully engaging in sexual conduct with the defendant cannot be used as a defense.
  • Victim's Promiscuity or Lack of Chastity
    • The victim exhibiting promiscuous behavior or lacking chastity can not be used as a defense.

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Resources

National Children's Advocacy Center – Visit this website for more information about the National Children's Advocacy Center has helped revolutionize society's response to child sexual abuse internationally for over 30 years.

Child Welfare Information Gateway – Visit this website for more information about the Child Welfare Information Gateway promotes safety and overall well-being of children, youth, and families through the dissemination of information and resources throughout the United States.


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Child Molestation Defense Attorney

If you or a loved one has been charged with lewd or lascivious behavior, battery, molestation, conduct, exhibition, statutory rape, child molestation, or any unlawful sexual activity with a minor, contact The Hoffman Firm today at (305) 249-0090 to have an experienced North Miami child molestation defense attorney review your case.

The Hoffman Firm has successfully defended our clients from being convicted of child molestation and have proved certain allegations to be outright false prior to trial. We represent clients throughout Hialeah, Doral, Coral Gables, Miami, North, Miami, Miami Beach, Miami Lakes, and other cities in Miami-Dade County, Florida and are willing to represent you.

Contact us today at (305) 249-0090 or submit an online contact form to clear your name and schedule your free initial consultation so we begin working on your case. All consultations are kept confidential.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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