Lewd or Lascivious Battery

In Florida, Lewd or Lascivious Battery prohibits engaging in sexual activity with a person between the ages of 12 and 16 years old. The age of the person charged will determine the severity of the offense.  

Under Florida Statute 800.04 (4), a Lewd or Lascivious Battery is committed by:

  1. Engaging in sexual activity with a person 12 years of age or older, but less than 16 years of age; OR
  2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. 


The penalties for Lewd or Lascivious Battery vary depending on the age of the accused and other factors:

  • A person who commits Lewd or Lascivious Battery commits a felony of the second degree, punishable by up to 15 years in prison. 
  • If the person who commits Lewd or Lascivious Battery is 18 years of age or older, and has previously been convicted of violations set out in subsection (c) of this section of the statute, it is a first degree felony, punishable by up to 30 years in prison. 
  • A conviction under this statute can also require sexual offender designation and registration, as well as sex offender probation. 


Each Lewd or Lascivious Battery 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 Battery, but that does not mean you are guilty. Many times, sexual activity 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 battery 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 defense 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 at 727-531-2926 today to learn about your legal options if you have been accused of Lewd or Lascivious Battery. Start building your defense immediately!

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Powers Sellers & Finkelstein is committed to answering your questions about Criminal Defense law issues in Florida. We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.