Lewd and Lascivious Exhibition

Criminal offenses often fall into different tiers. At the lowest rung of the ladder are nonviolent misdemeanor offenses. People charged and even convicted of things like possession of marijuana or driving with a suspended license, or even DUI, often find that they suffer no long term serious consequences as a result of their experience in the criminal justice system. Next up, people charged with theft or other monetary offenses can usually get out of the pickle by paying the money back to the victims on the case. Offenders charged with offenses like battery or resisting an officer might face stiffer penalties, but usually life changing problems only come from more serious offenses.

Crimes with victims are treated far more seriously. Burglary and robbery along with charges like aggravated assault usually carry more significant criminal penalties then more common nonviolent offenses. However, typically the most zealous prosecution and stiffest penalties are reserved for offenders charged with crimes against children. Children, especially those with difficult backgrounds and those that are victims of abuse, are treated seriously in the criminal justice system. Prosecutors and police desire to do justice for those victims, and Judges often echo that sentiment. Anyone charged with a crime involving a child should not hesitate to retain a skilled Sarasota criminal defense lawyer to represent them on their case.

Even worse than crimes involving child victims like contributing to the delinquency of a minor or child abuse, are sex based crimes with child victims. It is one thing to commit a crime against a child. In the eyes of our criminal justice system, it is a whole other level to violate the innocent nature of a child by committing a sex offense with a child victim. Crimes like sexual battery or lewd and lascivious molestation carry serious prison sentences for those convicted of such crimes.

One of the offenses that specifically requires a child victim is lewd and lascivious exhibition punishable by Florida Statute section 800.04(7). Pursuant to the statute, any person who intentionally masturbated, exposes his or her genitals in a lewd or lascivious manner, or commits a sexual act that does not actually involve vesical contact with the victim commits the offense of lewd and lascivious exhibition. Lewd and lascivious exhibition is the lowest rung on the ladder of “lewd and lascivious” offenses that include lewd and lascivious conduct, lewd and lascivious molestation, and lewd and lascivious battery. Anyone charged with any of these offenses should immediately consult with a dedicated St. Petersburg criminal defense lawyer.

In order to determine whether someone can be proven guilty of lewd and lascivious exhibition or any other lewd offense, one must first understand the definition of lewd and lascivious. Lewd and lascivious is essentially a complicated way of saying “sexual in nature.” Simple nudity will not suffice to convict someone of lewd and lascivious offenses. The nudity must be sexualized in some way in order to qualify as lewd and lascivious.

The penalties associated with lewd and lascivious exhibition will be determined by the age of the defendant. For example, a person over the age of 18 convicted of lewd and lascivious exhibition with a victim under the age of 16 commits a second degree felony punishable by up to fifteen years in prison. Conversely, a person under the age of 18 who is convicted of lewd and lascivious exhibition commits only a third degree felony punishable by a maximum of five years in prison.

The attorneys at Hanlon Law have years of experience defending clients in all manner of criminal offenses. We have achieved excellent results for clients charged with serious sexual offenses and will work diligently to achieve the same results for you and your loved ones. Our attorneys look forward to consulting with you to determine the best plan of action for your case. Call us today for a consultation at 941.462.1789.