Lewd or lascivious offenses committed on or in the presence of persons under 16 - Florida Sexual Assault Laws

Lewd or lascivious offenses committed on or in the presence of persons under 16 Crime & Punishment in Florida :

The Florida code § 800.04 defines three degrees of the crime lewd or lascivious offenses committed on or in the presence of persons under 16, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity	Lewd or lascivious offenses committed on or in the presence of persons under 16 - Charge Description	Punishment
Felony of the second degree STATUTORY	If offender 18 or older intentionally touches a person under 16 in a lewd or lascivious manner or solicits a person under 16 to commit a lewd or lascivious act. If offender is under 18 and intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing over them, of a victim under 12, or if offender is at least 18 and victim is at least 12 but under 16. If offender engages in sexual activity with a victim at least 12 but under 16, or encourages, forces, or entices a victim under 16 to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other sexual activity as defined by law.	Up to 15 years in prison
Felony of the third degree STATUTORY	If offender less than 18 intentionally touches a person under 16 in a lewd or lascivious manner or solicits a person under 16 to commit a lewd or lascivious act. If offender is under 18 and intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing over them, of a victim at least 12 but under 16.	Up to 5 years in prison
Life felony STATUTORY	If offender at least 18 intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing over them, of a victim under 12.	Sentence not to exceed life

Florida law allows lewd or lascivious offenses committed on or in the presence of persons under 16 to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Florida Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Lewd or lascivious offenses committed on or in the presence of persons under 16 is a charge that is unique to Florida. Crimes that would be prosecuted as lewd or lascivious offenses committed on or in the presence of persons under 16 in Florida will be prosecuted under a different statute depending on the state in which the crime takes place.

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