Lewd and Lascivious Molestation in Florida

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

• Offender under 18, victim 12–15: Second-Degree Felony — up to 15 years, $10,000 fine

• Offender 18+, victim 12–15: Second-Degree Felony — up to 15 years

• Offender under 18, victim under 12: Second-Degree Felony — up to 15 years

• Offender 18+, victim under 12: Life Felony — mandatory life in prison

• Mandatory lifetime sex offender registration in all cases

• Lifetime residency and employment restrictions

  
  

Additional Consequences

• Permanent loss of civil rights

• GPS monitoring

• Prohibition from contact with minors

• Immigration consequences — likely permanent bar and deportation

  
  

Possible Defenses

• The alleged victim was 16 or older

• The touching was accidental, not intentional or lewd

• Mistaken identity or false allegations

• Unreliable child testimony or improper forensic interview techniques

• 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.

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

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