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Florida Statutes 800.04 - Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

Florida Statutes > Chapter 800 > 800.04


Current as of: 2012
   (1) DEFINITIONS.-As used in this section:
   (a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
   (b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
   (c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
   (d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
   (2) PROHIBITED DEFENSES.-Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.
   (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.-The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.
   (4) LEWD OR LASCIVIOUS BATTERY.-A person who:
   (a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
   (b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

   (5) LEWD OR LASCIVIOUS MOLESTATION.-
   (a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
   (b) 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, punishable as provided in s. 775.082(3)(a)4.
   
   (c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
   2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

   (d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   (6) LEWD OR LASCIVIOUS CONDUCT.-
   (a) A person who:
   1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
   2. Solicits a person under 16 years of age to commit a lewd or lascivious act

commits lewd or lascivious conduct.

   (b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   (c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   (7) LEWD OR LASCIVIOUS EXHIBITION.-
   (a) A person who:
   1. Intentionally masturbates;
   2. Intentionally exposes the genitals in a lewd or lascivious manner; or
   3. 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.

   (b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   (8) EXCEPTION.-A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.
Florida Statutes 800.03 - Exposure of sexual organsChapter 800 Table of ContentsFlorida Statutes 800.05 - Forfeiture of retirement benefits for a felony defined in s. 800.04

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Questions & Answers: Lewd or lascivious behavior

Sharon, What state are you asking about? And what type of laws are you interested in? Sex offender registration and restrictions? Steve Daily LawServer...
I need advice badly... Please help Someone please contact me via email please or if i can speak to someone via telephone ... I rather not put my situation on here.. Thank you Sab...
Sabrina, Unfortunately we do not respond to legal questions by email or phone. Please consider posting your question anonymously on the LawServer Legal Q&A page: http://www.lawser...
My boyfriend served 7 years in Okeechobee Prison ... he was released on May 2012 ... he completed his entire prison term.... he had 4 conditonal release days he did ... he complete...
From 2007-2012 I was forced to appear in court all because of fale testimony given to the TPD and certain TPD Officerrs that were the biggest hypocrits. # times I was arrested and ...
Which legislator introduced the bill or amended it to include the definition of "Ignorance or belief of victim's age'? When was the bill submitted to the legislature?...

See also:

Florida Statutes > Chapter 800 - Lewdness; Indecent Exposure
Comments (1)add comment
AJ Wheaton: ...
Which legislator introduced the bill or amended it to include the definition of "Ignorance or belief of victim's age'? When was the bill submitted to the legislature?
1

June 11, 2013

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