Lewd or Lascivious Exhibition Charges Florida
In Florida, Lewd or Lascivious Exhibition prohibits intentional sex acts, exposure and/or masturbation in the presence of a child. An accused should be aware of the elements the state must prove to obtain a conviction, the definitions associated with the law and possible defenses and penalties.
Under Florida Statute 800.04(7), Lewd or Lascivious Exhibition occurs when a person:
- Intentionally masturbates;
- Intentionally exposes the genitals in a lewd or lascivious manner; or
- Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
The penalties for Lewd or Lascivious Exhibition vary depending on the age of the accused:
- An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable up to 15 years in prison, sex offender probation and sex offender registration
- An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable up to 5 years in prison, sex offender probation and sex offender registration
A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this law.
Each Lewd or Lascivious Exhibition case is different and may have a range of defenses such as:
- Lack of intent
- Victim has motive to lie, thus resulting in false allegations
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.
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You may have been accused of Lewd and Lascivious Exhibition, but that does not mean you are guilty. Many times, exhibition 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 exhibition 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 today at 727-531-2926 to learn about your legal options if you have been accused of Lewd or Lascivious Exhibition. Start building your defense immediately!