In Florida, lewd and lascivious conduct is a punishable offense that consists of sexual activity with a minor unnder the age of 16. Even if there is consent, the relationship or actions can be prosecuted as lewd and lascivious behavior. Both minors and adults can be accused and found guilty of the crime. Every state is different, and you may be surprised at what some examples of this offense are. If you find yourself on the accused end of lewd and lascivious conduct, you need to speak with a sex crime attorney as soon as possible to help you navigate the legal process.
1. Public Urination
This is an act of exhibition that can lead to a long lasting ramifications. It is always best to find a designated restroom when the urge strikes to avoid being seen and labeled a sex offender. When someone urinates in public they are exposing their genitals and run the risk of being seen. If they are seen by a minor under the age of 16, then the consequences can be far more severe.
Peeping Tom is the name or description most people are familiar with when addressing the act of peeping. Looking in on someone in a private space such as a bathroom stall, bedroom window or a changing room with the intent of sexual gratification or arousal is peeping, and it is illegal.
3. Inappropriate Touching
It is a punishable offense to intentionally touch a minor in a sexual manner or encourage a minor to touch you in a sexual manner. This does not apply to carrying or holding a child with your hand on the buttocks as an anchor or changing a diaper in most instances. Not only does the touching have to be intentional, it also has to be lustful with the purpose of sexual gratifiaction or arousal.
4. Sending Nude Photos
Selfies are fun, but sending nude selfies to a minor is a big deal that can cause a lot of trouble. This can be just as problematic if you’ve encouraged a minor to send you nude pictures in return. Child pornography can become a factor and further complicate your case.
5. Statutory Rape
The age of consent will vary from state to state, but even consensual sex between a minor and someone over the age of consent can be classified as statutory rape. This falls under lewd and lascivious battery as it involves encouraging or forcing someone under the age of 16 to engage in sex acts. There are some gray areas here, including not knowing that the person is a minor.
These types of crimes are not taken lightly by the justice system. Lewd and lascivious acts are charged as felonies in Florida and many other states. Punishments can range from lenient to quite severe depending on the nature of the act, the injured party and the presence of any aggravating factors. Punishments may not be eligible for early prison release due to the nature of the crime and becoming a registered sex offender is typical.