Florida Statute §800.04 | Classification: Second-Degree Felony to Life Felony
What Is This Charge?
This charge applies when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks of a person under 16, or forces or entices a person under 16 to touch the offender in those areas.
Penalties & Fines
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Offender under 18, victim 12–15: Second-Degree Felony — up to 15 years, $10,000 fine
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Offender 18+, victim 12–15: Second-Degree Felony — up to 15 years
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Offender under 18, victim under 12: Second-Degree Felony — up to 15 years
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Offender 18+, victim under 12: Life Felony — mandatory life in prison
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Mandatory lifetime sex offender registration in all cases
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Lifetime residency and employment restrictions
Additional Consequences
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Permanent loss of civil rights
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GPS monitoring
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Prohibition from contact with minors
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Immigration consequences — likely permanent bar and deportation
Possible Defenses
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The alleged victim was 16 or older
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The touching was accidental, not intentional or lewd
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Mistaken identity or false allegations
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Unreliable child testimony or improper forensic interview techniques
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Insufficient physical or forensic evidence
Why You Need a Defense Attorney
This is among the most aggressively prosecuted charges in Florida. Cases frequently rely on child testimony gathered during forensic interviews. An attorney can challenge the reliability of those interviews, retain independent experts, and scrutinize every piece of evidence. A life sentence is on the table.
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