Lewd or Lascivious Molestation

In Florida, Lewd or Lascivious Molestation prohibits the intentional touching of inappropriate areas on a child younger than the age of 16. A conviction of this crime will be devastating and can result in geographical living limitations, loss of job, and limitations on places the individual convicted can congregate among other things.  As with all sexual crimes, the law can be difficult to navigate.

Under Florida Statute 800.04 (5), a Lewd or Lascivious Molestation is committed when:

  1. A person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, butt, or clothing covering any of those areas, of a person less under the age of 16, OR
  2. Forces or entices a person under 16 years of age to touch the perpetrator


The penalties for Lewd or Lascivious Molestation vary depending on the age of the accused and the age of the alleged victim:

  • Accused 18 years of age or older, victim less than 12 years old – punishable by life
  • Accused less than 18 years old, victim less than 12 years old – second degree felony
  • Accused 18 years of age or older, victim 12 years to 15 years old – second degree felony
  • Accused less than 18, victim 12 years to 15 years old – third degree felony

HOWEVER, the crime may be enhanced under some circumstances.


Each Lewd or Lascivious Molestation is different and may have a range of defenses. Defending sex crimes requires a very experienced attorney who is willing to explore any and all possibilities using a variety of experts. You may be facing false allegations by someone with a motive to lie. The touching may have been accidental and therefor lacking intent.  Our attorneys will review your case and look for all defense possibilities.

Get the Right Defense with a FREE Case Review

You may have been accused of Lewd and Lascivious molestation, but that does not mean you are guilty. Many times, unwanted sexual touching is based on a subjective interpretation by the person making accusations, and some people use false allegations for retaliation. Because of the complexities of lewd and lascivious molestation charges and the age of the minor involved in the allegations, it is imperative that you speak with an experienced sex crimes lawyer right away.

If you or someone you know has been accused of a Lewd or lascivious sex offense in the Pinellas County or Tampa Bay area, it is very important that you contact an experienced sex crimes attorney immediately. Our team of attorneys, investigators and experts are highly experienced in defending sex crimes and will begin building your defense today.

Contact us for a free analysis of your case at our local office located in Clearwater, Florida. Contact Powers Sellers & Finkelstein, PLC today at (727) 531-2926 to learn about your legal options if you have been accused of Lewd or Lascivious Molestation. Start building your defense immediately!

Get Your FREE Consultation Today!

Your Name (required)

Your Email (required)


Your Message