If you have been charged with lewd or lascivious exhibition in Florida then you may have a defense. A lot of lewd and lascivious exhibition cases are based on false accusations, so showing that you were falsely accused is a defense that is oftentimes successful when fighting a lewd and lascivious exhibition case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to show you were falsely accused, or if you want to speak to a lawyer about how to beat your lewd and lascivious exhibition case in Florida, contact Matthew Williams now for a free consultation.
Lewd and lascivious exhibition in Florida is defined under Florida Statute 800.04(7). A person commits the crime of lewd and lascivious conduct when they intentionally masturbate, expose their genitals in a lewd or lascivious manner, or commit other sexual acts in the presence of a child, such as sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a child younger than 16.
Lewd and lascivious exhibition is a strict liability crime, meaning you can’t argue you do not know the person was under 16. It is also not a defense that the sexual act was consensual. Meaning, if two 15-year old teenagers remove their clothes and expose their genitals while being intimate, either one of them, or both of them, can be charged with lewd or lascivious exhibition.
Lewd or lascivious exhibition committed by a person 18 years or older is a second-degree felony, meaning you can be sentenced to up to 15 years in prison, or up to 15 years on sex offender probation and up to $10,000 in fines (you can also be sentenced to a jail or prison sentence followed by sex offender probation but the total length of the sentence cannot exceed 15 years).
Lewd and lascivious exhibition by a person under 18 years of age is still a felony, but it is a third degree felony, meaning you can be sentenced to up to 5 years in prison, or up to 5 years on sex offender probation and up to $5,000 in fines (you can also be sentenced to a jail or prison sentence followed by sex offender probation but the total length of the sentence cannot exceed 5 years).
In addition, if you’re convicted of lewd and lascivious exhibition then you will be designated a sexual offender, meaning you will have to comply with sexual offender registration laws for the rest of your life.
There is one exception to sexual offender registration requirement that exists. Under the Romeo and Juliet rule, Florida Statute 943.04354, if a Defendant is convicted for a lewd and lascivious offense and:
- The crime involved a consensual encounter with a 14, 15, 16, or 17-year old minor;
- The minor was no more than 4 years younger than the Defendant at the time of the sexual encounter;
- Registration as a sexual offender, or sexual predator, is solely because of the above conviction; and
- no other conviction for a lewd or lascivious offense, sexual battery or lewd or lascivious exhibition using a computer exist,
then the Defendant can petition the court for removal from the sexual offender registration requirement law.
Criminal convictions, especially convictions for sex offenses, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with lewd or lascivious exhibition in Florida then contact Matthew Williams now for a free consultation.