Miami Lewd or Lascivious Molestation Lawyers
Fighting Child Molestation Charges
Florida's lewd or lascivious molestation law concerns the touching of another person's private parts -- whether the victim's or the alleged offender's. Because the offense involves a person under 16 years of age, it is harshly prosecuted and penalized. Always charged as a felony (though in different grades) a conviction can result in years of imprisonment and/or thousands of dollars in fines. Additionally, the alleged perpetrator will be required to register as a sex offender for life. If you have been accused of lewd or lascivious molestation, it is imperative you speak with an attorney about your case right away. Aggressively challenging the allegations demands thorough preparation.
At Jeffrey S. Weiner, P.A., our team is ready to get started immediately on building your defense. Our firm is comprised of experienced and knowledgeable lawyers, and our founder, Jeffrey S. Weiner, is a highly skilled attorney who gives seminars and classes to other criminal defense lawyers. With a can-do attitude and a track record of obtaining favorable outcomes for past clients, you can be sure that you will have a team on your side who knows how to get results when you turn to us.
Florida's Definition of Lewd or Lascivious Molestation
Florida Statutes § 800.04(5) provides that it is unlawful for any person to engage in either consensual or non-consensual touching of someone else's private parts when one of the parties involved is a minor under 16 years of age.
Specifically, the law states that a person is prohibited from intentional lewd or lascivious touching of a child's:
- Genital area, or
A person may also be accused of violating the law if they force a child under 16 years of age to touch their (the alleged offender's) private parts in a lewd or lascivious manner.
"Lewd or lascivious" means that the touching was done with sensual, lustful, or wicked intent. Note that a person commits the crime even if the other's private parts were clothed at the time of the offense.
Penalties for Lewd or Lascivious Molestation in Florida
As mentioned earlier, lewd or lascivious molestation is a felony. The degree of charge (and resulting penalties) depend on the victim's and alleged offender's ages at the time of the offense.
If the alleged offender was 18 years of age or older and the victim was under 12 years of age, the offense is a life felony, punishable by:
- Life imprisonment
If the alleged offender was under 18 years of age and the victim was under 12 years of age, or the alleged offender was 18 years of age or older and the victim was 12 years of age or older but under 16 years of age, the offense is a second-degree felony, penalized by:
- Up to 15 years of imprisonment and/or
- Up to $10,000 in fines
If the alleged offender was under 18 years of age and the victim was 12 years of age or older but under 16 years of age, the offense is a third-degree felony, punishable by:
- Up to 5 years of imprisonment and/or
- Up to $5,000 in fines
At Jeffrey S. Weiner, P.A., our lewd or lascivious molestation lawyers in Miami have handled a range of complex cases and know that criminal accusations can arise for a variety of reasons. In some situtations, a person may be prosecuted based on a misrepresentation of facts. Our team will listen to your side of the story and review and analyze the evidence to build a robust defense on your behalf.
Sex Offender Registration
A conviction for lewd and lascivious molestation will result in a requirement to comply with Florida's sex offender registry laws. This includes providing personal identifying information to a local sheriff's office for life. Depending on the conduct involved in the offense, the alleged offender may have to report to the sheriff's office two or four times a year.
Prohibited Defenses to Lewd or Lascivious Molestation
Florida's law on lewd or lascivious molestation enumerates arguments that cannot be raised as defenses to these charges.
- Victim's lack of chastity
- Victim’s consent
- Victim's misrepresentation of their age
- Alleged offender's genuine belief of the victim's age
- Alleged offender’s ignorance of the victim's age
Because there are prohibitions on defenses in these cases, effectively fighting the charge may be difficult. Our team is prepared to explore all legal avenues on your behalf to defend your innocence.
The Defense You Need to Fight Your Lewd or Lascivious Molestation Charge
At Jeffrey S. Weiner, P.A., we scour every detail of a criminal case to spot weaknesses in the prosecutor's arguments and cast doubt on their allegations. We are here to stand up for you and be your voice during this challenging time.
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