Miami Lewd or Lascivious Molestation Lawyer
Also Serving Clients throughout Fort Lauderdale
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. At The Hoffman Firm, our Miami lewd or lascivious molestation lawyer can help.
What Is 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 touching 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
- Forcing or enticing 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.
- 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.
Similar to the offense of 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
Penalties for a Conviction
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.
Lewd or Lascivious Molestation Lawyer in Miami
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.
Client-Focused RepresentationOur Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense FirmExperienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track RecordClient satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
Free Initial ConsultationWe offer free initial consultations to ensure that we have your best interests in mind.