Lewd and Lascivious Battery in Florida

Florida Statute §800.04   |   Classification: Second-Degree Felony

What Is This Charge?

Lewd or lascivious battery involves engaging in sexual activity with a person between the ages of 12 and 15, or encouraging, forcing, or enticing a person under 16 to engage in sadomasochistic abuse, sexual bestiality, or prostitution.

Penalties & Fines

• Up to 15 years in Florida state prison

• Up to 15 years of probation

• Up to $10,000 in fines

• Mandatory lifetime sex offender registration

• Lifetime residency restrictions — cannot live within 1,000 feet of schools, parks, playgrounds, bus stops, or daycares

• Lifetime employment restrictions

• No early termination of sex offender probation permitted

  
  

Additional Consequences

• Permanent felony record

• Loss of all civil rights including the right to vote and possess firearms

• Immigration consequences — likely deportation for non-citizens

• Permanent damage to personal and professional reputation

  
  

Possible Defenses

• The alleged victim was 16 or older at the time of the incident

• No sexual activity occurred as defined by the statute

• Mistaken identity or false allegations

• Insufficient or unreliable evidence

• Romeo and Juliet provision (close-in-age exception in limited circumstances)

  
  

Why You Need a Defense Attorney

Sex crime charges carry consequences that last a lifetime. Mandatory lifetime registration, residency restrictions, and the social stigma attached to these charges make immediate, experienced legal representation essential. An attorney will challenge every element, scrutinize how evidence was gathered, and protect your constitutional rights.

Call today for a free consultation: (813) 888-8888  |  Email: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.