Miami Lewd and Lascivious Molestation Lawyer

When a person has been charged with a sex crime, their freedom, reputation, career, and future may be at risk. Some serious sex crimes may involve accusations of unlawful sexual activity with minors, including charges of lewd or lascivious molestation. When a person has been accused of inappropriate touching or other forms of sexual conduct with a minor, they will need to understand their options for defense.

In Florida, law enforcement officers and prosecutors have extensive resources that they will use to investigate alleged sex crimes. In some cases, people may face false accusations, or charges may be based on misunderstandings or incomplete evidence. The stakes in these cases are high, and anyone who has been accused of lewd or lascivious molestation will need to make sure they have representation from a criminal defense attorney with experience in these matters.

The lawyer at The Hoffman Firm provides representation for people in Miami and the surrounding areas, helping them address accusations of child sex crimes. He can evaluate the evidence in a case, challenge accusations made by witnesses, and determine whether a person's constitutional rights were violated during an investigation or arrest. He will develop an effective defense strategy to help a client avoid a conviction that could affect their life for years to come.

How Florida Law Defines Lewd or Lascivious Molestation

Under Florida Statutes § 800.04, a person may be charged with lewd or lascivious molestation if they have been accused of intentionally engaging in sexual contact with a minor who is younger than 16 years old. The charges may involve accusations that a person touched a child's breasts, buttocks, or genitals, either under or over the clothing, in a sexual manner. A person may also be charged with on offense if they allegedly forced or enticed a minor to touch their breasts, buttocks, or genitals.

Examples of Situations That May Lead to Lewd or Lascivious Molestation Charges

Allegations of lewd or lascivious molestation can arise in many different situations, including:

• Allegations involving inappropriate touching by a babysitter or other childcare provider
• Accusations of sexual contact between teachers, coaches, or authority figures and minors
• Reports made during contentious family disputes or child custody battles
• Claims based on interactions between teenagers, including a person older than 18 who is accused of engaging in sexual contact with a teenager under the age of 16

Adults may be accused of touching minors in a variety of situations. An adult who is accused of inappropriate behavior with a child may face felony charges, even if there was no sexual intent to their actions. Teenagers may face prosecution even in situations where they believed sexual conduct was consensual. In some cases, people may face false accusations because a child misunderstood their conduct or another party accused them of having an inappropriate relationship with a minor.

Penalties for Lewd or Lascivious Molestation

People who are accused of lewd or lascivious molestation may face felony charges. The specific penalties may depend on the ages of the accused and the alleged victim. If the accused is at least 18 years old, and the alleged victim is under 12 years old, lewd and lascivious molestation is classified as a life felony, and a conviction can result in a sentence of life in prison.

If the accused is younger than 18 and the alleged victim is under 12, or if the accused is over 18 and the alleged victim is older than 12 but younger than 16, an offense may be charged as a second-degree felony, which could lead to a sentence of up to 15 years in prison. A person under the age of 18 who is charged with an offense involving an alleged victim between 12 and 16 years old may face third-degree felony charges, with a sentence that may last for up to five years.

The penalties may increase if a person has previously been convicted of a sex crime. In these cases, an offense that would be a second-degree felony may be increased to a first-degree felony, and a conviction could lead to a prison sentence lasting for up to 30 years.

Sex Offender Registration Requirements in Florida

A person who is convicted of lewd or lascivious molestation will be classified as a sexual offender/sexual predator. They will be required to register as a sexual offender for the rest of their life. The registration requirements include reporting to their local county sheriff four times per year, providing their identifying information, residential address, employment information, phone numbers, and email addresses or online accounts.

Registered sex offenders will face a number of restrictions that can affect their daily lives. They may be prohibited from living or working in locations that are within a certain distance of areas where children may be present, such as schools and parks. They may also face limitations on the types of jobs they can hold, and they may be unable to obtain professional licenses or find a landlord who will be willing to rent to them. Failure to register as a sex offender as required may lead to additional criminal charges.

Frequently Asked Questions About Lewd or Lascivious Molestation Charges

Contact Our Miami, Florida Lewd or Lascivious Molestation Attorney

When sex crime charges involve children, a person may face life-changing consequences, including a long prison sentence, sex offender registration, and a felony record. At The Hoffman Firm, our attorney has extensive experience representing clients who have been charged with sex crimes, and he can help defend against convictions and make sure these matters can be resolved successfully. Contact our Miami lewd or lascivious molestation defense lawyer at 305-249-0090 to schedule a free consultation today.