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Lascivious | Florida Lewd and Lascivious Law

800.02 Unnatural and lascivious Act – person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.A mother’s breastfeeding of her baby does not under any circumstance violate this section.

800_03Expesure of sexual organs. –Its is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section.
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. –

(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 misrepresentation of his or her age, or the perpetrator’s bona fide belief or 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 12 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 5.775.084.

(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.775.882(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 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 tom sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.
(c) 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 ins.775.082, s.775.084.

(8)EXCEPTION.- A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.
Florida Statute Section 800.04 eliminates a consent defense.

This section of Florida law is provided for informational purposes only. This section does not include case law construction and is not intended to constitute legal interpretation nor advice.

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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