Experienced Criminal Lawyer For A Lewd and Lascivious Conduct Charge In Fort Walton Beach, Destin Or Anywhere In Okaloosa County
There are several different categories of sex crimes in Florida with a lot of overlapping elements in order to give wide discretion to prosecutors. One of these main categories of sex crimes is called “Lewd and Lascivious” (L&L) sex crimes and it is found under Florida Statutes, Section 800.04.
The first level is called Lewd and Lascivious Conduct (obscene conduct), and it is charged in a situation where someone is accused of the following:
- Intentionally touching a person under 16 years old in a lewd or lascivious manner, or;
- Soliciting a person under 16 years old to commit a lewd or lascivious act
Potential Penalties After A Lewd and Lascivious Conduct Conviction
Lewd and Lascivious Conduct is considered a second-degree felony, punishable by up to 15 years in prison if the offender is over 18, and it is a third degree felony, punishable by up to 5 years in prison if the offender is under the age of 18.
Both charges would trigger a Sex Offender Designation and possible GPS Monitoring if convicted and placed on probation pursuant to the Jessica Lunsford Act (JLA).
Strategies Used By A Criminal Defense Lawyer For A Lewd and Lascivious Conduct
Lewd and Lascivious Conduct is one of those catch-all charges for vague and ambiguous sex allegations against minors.
It does not specifically require the actual touching of genitals or sexual organs, like the charge of Lewd and Lascivious Sexual Molestation, but does require that the touching be intentional and done in a lewd or sexual manner.
So what is touching in a sexual manner if it is not based on the touching of genital or sexual area? This presents a factual and legal issue that can be subjective and therefore—challenged in a Court of Law.
The other scenario that is common for Lewd and Lascivious Conduct is one involving teenage boyfriends and girlfriends. During these dating relationship involving teens, it is possible for these allegations to come out for a variety of reasons.
Commonly, it is that a particular parent or parents do not approve of the relationship (or its physical nature), and when they confront their own son or daughter, it turns into an allegation that leads to law enforcement’s involvement on this “improper conduct“.
Although many teenagers are sexually active, many do not realize that they could be charged with a felony sex crime according to the law.
In addition, depositions of the alleged victim and other witnesses can be extremely important and necessary to constructing a defense.
It is important to uncover any external manipulation of the prospective child or teenage victim by family members or friends.
Also, if it becomes apparent that there may be a motivation on the part of the child to lie or otherwise avoid the truth about the false allegation, your attorney can use that information to solidify your defense.
If you or a family member has been arrested for Lewd and Lascivious Conduct in Fort Walton Beach, Destin or anywhere else in Okaloosa County or Walton County, call me at (850) 362-6655 for a FREE consultation.