Lewd or Lascivious Molestation
An accusation of lewd or lascivious molestation can leave an individual frightened, confused, and personally and professionally destroyed. Cases of inappropriate or sexual touching are often cases of “he said, she said” and can be overwhelming without experienced legal counsel.
It is important to have an experience, trial-proven attorney by your side to examine the evidence and build the strongest defense on your behalf.
Lawyer for Lewd or Lascivious Molestation in Miami, FL
Evan Hoffman is a trial-proven attorney with over 20 years of experience advocating for the rights of Floridians. Evan Hoffman strongly defends individuals facing serious sex crime charges, including lewd or lascivious molestation, lewd or lascivious battery, sexual battery, and prostitution.
The Hoffman Firm strongly defends individuals faced with lewd or lascivious molestation throughout Miami-Dade County, including Miami, North Miami, Miami Beach, and surrounding cities.
Overview of Lewd or Lascivious Molestation in Florida
- What is the law in Florida regarding lewd or lascivious molestation?
- Are there any permissible defenses to lewd or lascivious molestation?
- What are the penalties for lewd or lascivious molestation?
Under Florida Statute § 800.04 (5) an individual may be charged with lewd or lascivious molestation if he or she engages in the following conduct:
- Intentionally touches in a lewd or lascivious manner the breast, genitals, genital area, or buttocks (clothed or unclothed) of a person less than 16 years of age; or
- Forces or entices a person under the age of 16 years of age to so touch the perpetrator.
To convict an individual of lewd or lascivious molestation, the prosecution must prove the following beyond a reasonable doubt:
- The age of the victim-Depending on the specific degree of lewd or lascivious molestation, the prosecution must prove the victim was under the age of 12 or between the age of 12 and 16 years.
- Intentional touching in a lewd or lascivious manner of the victim- The prosecution must prove the offender intentionally touched in a lewd or lascivious manner the victim’s genitals, genital area, breast, or buttocks. or
- Forced or enticement touching- The prosecution must prove the offender forced or enticed the victim to touch his or her genitals, genital area, breast, or buttocks.
Lewd or lascivious mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
Similar to the offense lewd or lascivious battery, there are very few viable defenses in a lewd or lascivious molestation case. The following are not acceptable defenses in this type of criminal case:
- Offender’s ignorance or lack of knowledge of the victim’s age
- Offender’s bona fide belief of victim’s age
- Victim’s misrepresentation of age
- Victim’s lack of chastity
- Victim’s consent
The criminal penalties for lewd or lascivious molestation vary depending on the age of the offender and the victim. The criminal penalties are as follows:
- Life felony: An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony. A life felony is punishable by life imprisonment and a fine of no more than $15,000.
- First-Degree Felony: The offender is 18 years or older and the victim is 12 years of age or older but less than 16 years and the offender was previously convicted of a violation. First degree felonies are punishable by up to 30 years imprisonment and a fine no more than $10,000.
- Second-Degree Felony: The offender is less than 18 years of age and the victim is less than 12 years of age. A second-degree felony is punishable by up to 15 years imprisonment and a fine of no more than $10,000.
- Second-Degree Felony: The offender is 18 years of age or older and the victim is older than 12 years, but less than 16 years of age.
- Third-Degree Felony: The offender is less than 18 years and the victim is older than 12 years of age, but less than 16 years. A third-degree felony is punishable by up to 5 years in prison and a fine of up to $5,000.
The Hoffman Firm | Lewd or Lascivious Molestation Lawyer in Miami, Florida
In addition to any penalties that may be given, charges and or convictions for Lewd and Lascivious Molestation can result in a person’s life being turned upside down and can ruin their reputation.
Don’t take the risk of not having the best team of attorneys working for you. Give Evan Hoffman a call today and let The Hoffman Firm give you a free consultation.
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.Read More
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