Jacksonville Criminal Defense Attorney Blog
In the State of Florida, sexual offenses are taken extremely seriously, especially those involving minors. One of the more severe charges that can arise in such cases is Lewd and Lascivious Battery, a felony offense that carries significant legal consequences. This article will explore what this charge entails, the statutory framework surrounding it, potential defenses, and the long-term implications if you’re accused or convicted of this crime.
What Is Lewd and Lascivious Battery?
Pursuant to Florida Statutes Section 800.04(4), Lewd and Lascivious Battery involves adults engaging in sexual activity with a minors aged 12 years or older but younger than 16, or encouraging, forcing, or enticing such a minor to engage in any lewd or lascivious act.
The law is designed to protect minors who, under Florida law, are deemed legally incapable of giving consent to sexual activity—even if they appear willing or initiate the contact. Therefore, a person over the age of 18 who engages in sexual activity with someone aged 12–15 can be charged, regardless of whether the act was consensual.
Elements of the Crime
To secure a conviction for lewd and lascivious battery, prosecutors must prove beyond a reasonable doubt that the defendant:
- Engaged in sexual activity with a person aged 12 or older but less than 16; or
- Encouraged, enticed, or forced such a person to engage in lewd or lascivious conduct.
Sexual activity, in this context, is defined broadly and includes any contact involving the sexual organs of one person and the mouth, anus, or sexual organs of another.
Legal Penalties and Consequences
Lewd and lascivious battery is classified as a second-degree felony in Florida, punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- Fines of up to $10,000
- Mandatory sex offender registration
Under certain aggravating circumstances—such as prior offenses, use of coercion, or the involvement of multiple victims—sentences may be enhanced or additional charges may be filed.
Sex Offender Registration
One of the more life-altering consequences of a conviction is the requirement to register as a sex offender or sexual predator, depending on the circumstances. Registration entails various restrictions and public notification, severely limiting your ability to find housing, secure employment, or participate in community life.
Romeo and Juliet Law Exception
Florida does provide a narrow legal exception to the harsh penalties through what is commonly referred to as the “Romeo and Juliet” Law contained in Florida Statute section 943.04354. This provision allows certain individuals—usually young adults close in age to the minor—to petition for removal from the sex offender registry if:
- The sexual activity was consensual,
- The victim was between the ages of 14 and 17,
- The offender was no more than 4 years older than the victim,
- And the offender has no other sex crime convictions.
However, this law does not bar prosecution, nor does it guarantee you will avoid conviction—it merely provides a possible path to avoid long-term sex offender registration if certain criteria are met.
Common Defenses to Lewd and Lascivious Battery
Given the severe consequences, anyone accused of this crime should seek immediate legal representation. Several defenses may apply depending on the specific case:
- False Accusation
This is unfortunately common in contentious situations involving custody disputes, teenage rebellion, or social pressures. Witness credibility and inconsistencies in testimony may play a crucial role in raising reasonable doubt.
- Mistaken Age
While Florida law eliminates the “mistake of age” defense, it can still be relevant in mitigation or sentencing, especially if the minor misrepresented their age (e.g., false ID, online dating profile misrepresentation) and you took reasonable steps to otherwise verify their age.
- Lack of Evidence
These cases often rest on testimony, and if the prosecution cannot produce relevant physical evidence, corroborating witnesses, or digital records (texts, photos, etc.), the defense may challenge the reliability of the victim’s claims.
- Romeo and Juliet Exception
As noted earlier, if the age gap is narrow and the relationship was consensual, the defense may argue for reduced penalties or petition for sex offender registry relief post-conviction.
Investigations and Arrest Process
In many cases, investigations begin with reports from schools, parents, or even anonymous tips. Law enforcement will typically interview the alleged victim, obtain any digital evidence (like text or social media messages), and then may attempt to question you about the allegations.
It’s important to note anything you say to the police can be used in court, even if you believe you are “just clearing things up.” Therefore, if you’re contacted by the police, invoking your right to remain silent and requesting to speak with an attorney immediately is critical.
Impact on the Accused
Being charged with lewd and lascivious battery can be devastating, even before a trial takes place. Accused individuals often face:
- Social ostracization
- Job loss
- Family breakdowns
- Incarceration during pre-trial periods (due to extremely high bonds in most cases)
In addition, media coverage can adversely affect your reputation regardless of the ultimate outcome of your case.
Long-Term Consequences of a Conviction
A conviction may not just result in prison time—it can haunt you for life. The stigma of being labeled a sex offender can impact:
- Housing (due to residency restrictions)
- Employment (many industries bar convicted felons or sex offenders)
- Parental rights (especially in custody battles)
- Travel (some countries deny entry to registered sex offenders)
For many, the collateral consequences are just as damaging as the criminal penalties.
Conclusion
Lewd and lascivious battery is one of the more serious charges involving minors under Florida law. Because of the high stakes—including lengthy prison terms and mandatory sex offender registration—it’s best to seek an experienced Jacksonville criminal defense attorney immediately if you’re under investigation, or have been arrested, for this crime.
Call us now for a free case strategy session to learn how we can help you avoid lengthy prison, probation and sex offender registration if you’re accused of lewd and lascivious battery in Duval, Clay, Nassau, or St. Johns County, Florida.