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Lewd or Lascivious Conduct Lawyers in Miami
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Under Florida law, lewd or lascivious conduct happens when a defendant solicits a child under the age of 16 to commit a lewd or lascivious act or when the defendant purposefully touches a child less than 16 years old in a lewd or lascivious manner. These types of crimes differ from other types of sex crimes in that lewd or lascivious acts are those which are committed with sensual, unchaste, licentious, wicked, or lustful intent. A conviction could result in exorbitant fines, years in jail or prison, and more.
Several offenses that fall under this category of crime include lewd or lascivious:
At Jeffrey S. Weiner, P.A., our lewd or lascivious conduct lawyers in Miami have more than four decades of experience in this complex practice area. We can help you understand all of your available options as well as the potential short- and long-term effects of your choices. Our team genuinely cares about our clients, and we work relentlessly to minimize the effect these charges have on their lives. As your representative, we will guide you through each stage of the criminal process while fighting aggressively for the results you need.
Child Pornography under Florida Law
The definition of child pornography in Florida law includes any image that shows a minor engaging in sexual conduct.
The following are some further definitions to clarify what constitutes child pornography:
- Minor – Anyone under the age of 18 years old.
- Images – Photos, motion pictures, videos, shows, exhibitions, or any other type of representation involving sexual conduct and a child. This also includes digitally-generated images that are not distinguishable from an actual child.
- Sexual conduct – Sexual intercourse or simulated sexual intercourse, exhibition of genital areas in a lewd manner, masturbation, sexual battery, or any other physical contact with genitals – clothed or unclothed – that is meant for the gratification or arousal or either party.
Child pornography charges can be pursued in either state or federal court and can result in years of imprisonment for each count against you. In addition, if your case is charged federally, you will have labs working against you with extensive resources searching for any shred of evidence they can find.
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What Are Lewd or Lascivious Offenses?
Lewd or lascivious molestation happens when a person, in a lewd or lascivious manner, makes contact with the buttocks, genital area, genitals, breasts, or clothing covering them, of an individual less than 16 years old. These charges can also be brought if the person entices or forces the child under 16 years of age to so touch the perpetrator. Lewd or lascivious exhibition occurs when a person masturbates, exposes their genitals, or commits any other act that does not involve actual sexual or physical contact with the victim, such as sexual bestiality or sadomasochistic abuse. It is also illegal to exhibit or expose one’s sexual organs in an indecent or vulgar manner on the private premises of another or in public. This may be charged as exposure of sexual organs, which is a first-degree misdemeanor.
The court can show leniency to the defendant if it can be shown:
- The defendant is to be sentenced as a youthful offender. This is only applicable if the defendant is younger than 21 years old.
- The defendant needs specialized treatment for a mental disorder and is agreeable to treatment.
- The child was a provoker, aggressor, willing participant, or initiator of the incident.
If you want to learn more about your case and how our lewd or lascivious conduct lawyers in Miami can assist you, call us today at 305 670-9919 to set up your free consultation.
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