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Lewd and Lascivious Battery

Lewd or lascivious battery, commonly referred to as statutory rape, is a serious offense in the State of Florida. A conviction for lewd or lascivious battery is a felony conviction, which could result in several years imprison, steep fines, and sex offender registration.

Charges of statutory rape or lewd or lascivious battery often involve consensual relationships between a minor and a young adult within his or her peer group.

Commonly, lewd or lascivious battery charges arise in the following instances:

  • Dating or romantic relationship between a minor and adult in same peer group
  • Individual charged did not know or was mistaken about the age of the minor
  • Minor misrepresented or lied about age

The personal, professional, and criminal consequences of a lewd or lascivious battery can be ruinous. If you have been accused or charged with lewd or lascivious battery or statutory rape in Florida, it is crucial to consult an experienced sex crime defense attorney immediately.

Lawyer for Lewd and Lascivious Battery Offenses in Miami, Florida

Evan Hoffman of The Hoffman Firm is a former prosecutor and experienced sex crimes lawyer in Fort Lauderdale, Florida. He diligently defends individuals facing complex sex crime charges, including rape, statutory rape, lewd or lascivious battery, lewd or lascivious molestation throughout Miami-Dade County, Florida.

Contact The Hoffman Firm at (305) 249-0090 or submit an online form to schedule a confidential review of your case.

The Hoffman Firm defends clients throughout Miami, Miami Beach, North Miami, and surrounding areas in Miami-Dade County, Florida.

Overview of Lewd or Lascivious Battery in Florida


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Lewd or Lascivious Battery Laws in Florida

Under Florida Statute § 800.04 (4) a person commits lewd or lascivious battery by committing the following:

  • Engaging in sexual activity with a person 12 years of age or older, but less than 16 years of age; or
  • Encouraging, forcing, or enticing any person less than 16 years of age to engage in:
    • Sadomasochistic abuse;
    •  Sexual bestiality;
    •  Prostitution; or
    •  Any other act involving sexual activity.

In order to convict an individual of lewd or lascivious battery F.S. § 800.04 (4) 1 (engaging in sexual activity) the prosecution must prove the following beyond a reasonable doubt:

  • Age of the victim- The prosecution must prove the victim was twelve years or older, but under the age of 16 years at the time of the offense
  • Sexual Contact- The prosecution must prove a sexual organ of the defendant penetrated or had contact with or intimate contact with the victim.

In order to convict an individual of lewd or lascivious battery F.S. § 800.04 (4)2 (encouraging, enforcing, or enticing) the prosecution must prove the following elements beyond a reasonable doubt:

  • Age of the victim- The prosecution must prove the victim was under 16 years of age
  • Encouragement, force, or enticement- The prosecution must prove the defendant forced, encouraged, or enticed the victim to engage in the following behavior:
    • Sadomasochistic abuse means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself
    • Sexual Bestiality means any sexual act between a person and an animal involving the sex organ
    • Prostitution
    •  Any other act involving sexual activity- Sexual activity means penetration or union of a sexual organ with another sexual organ or object.

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Lewd or Lascivious Battery Defenses

Lewd or lascivious battery is considered a strict liability offense. As a result, there are few permissible defenses. The following defenses may not be raised:

  • Victim’s lack of chastity
  • Victim’s consent
  • Defendant’s ignorance or lack of knowledge of the victim’s age
  • Defendant’s bona fide belief of victim’s age
  • Victim’s misrepresentation of age

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Related Sexual Based Offenses

The classification of sexually-motivated offenses is a fact intensive determination. Several facts, including the age of the victim, age of the offender, and conduct, distinguish one sex crime from the other. It is important to consult an experienced sex crime defense attorney regarding any sex crime accusation or charges filed against you.
The following sex crimes are related to lewd or lascivious battery in Florida:

  • Lewd or Lascivious Molestation
  • Lewd or Lascivious Exhibition
  • Child Molestation
  • Prostitution
  • Date Rape
  • Indecent Exposure
  • Sexual Battery
  • Rape
  • Unlawful Sexual Activity with Minors

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Penalties for a Lewd or Lascivious Battery in Broward County, Florida

Generally, lewd or lascivious battery is considered a second-degree felony. A felony of the second degree is punishable by a term of imprisonment not to exceed 15 years and a fine of no more than $10,000.

Lewd or lascivious battery is considered a first-degree felony is the offender is 18 years of age or older and was previously convicted of a violation. A first-degree felony is punishable by up to 30 years in prison and a fine of up to $10,000 under F.S. § 775.082 (b)1 unless specifically provided by statute.

Individuals convicted of lewd or lascivious battery under F.S. § 800.04 (4) may be required to register as a sex offender for the remainder of his or her life.


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The Hoffman Firm | Lewd and Lascivious Battery Lawyer in Miami, FL

Don’t take a risk by not having the best legal advice and resources at your disposal.

Give The Hoffman Firm a call today at (305) 249-0090 and receive a free consultation today.

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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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