Jacksonville Lewd or Lascivious Conduct Lawyer

helps people defend against
Lewd or Lascivious Conduct
allegations.

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Lewd or Lascivious Conduct is defined in Florida Statute Section 800.04(6). To prove Lewd or Lascivious Conduct, the State must prove:

• The victim was under the age of 16 years, and
  

• you either:
• intentionally touched the victim in a lewd or lascivious manner, or
  
• solicited the victim to commit a lewd or lascivious act, and
  

• you were 18 years of age or older at the time of the offense, or
  

• you were less than 18 years of age at the time of the offense.

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"Lewd" and "Lascivious" mean the same thing and mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

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"Solicit" means to ask earnestly or to try to induce the person solicited to do the thing solicited. 

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Even if a boyfriend and girlfriend, both whom are the same age and under 16 years old, engage in consensual sexual activity, both would be in violation of this statute. 

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Neither the listed victim's consent or lack of chastity are defenses to Lewd or Lascivious Conduct.  So even if the victim had been sexually promiscuous and fully consented to the sexual act, you could not raise this as a defense and would be guilty if the State could prove the elements listed above.

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Even if the listed victim told you that he or she was 18 years old or older and consented to the sexual act, you would be guilty of lewd or lascivious conduct, if the victim was under 16.  Your lack of knowledge of the age of the victim is not a defense.  The victim's misrepresentation of his or her age is not a defense.  And your true belief that the victim was 18 years old or older, or 16 years old or older, is not a defense to molestation.

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The potential sentence for a Lewd or Lascivious Conduct conviction depend on your age.