Lewd or Lascivious Battery - Florida Statute 800.04(4) | West Palm Beach Criminal Defense Lawyer

This Florida Statute prohibits the sexual union of an adult and an individual that is older than 12 but younger than 16 in West Palm Beach. This statute also prohibits the encouraging, forcing, or enticing of any individual who is younger than 16 to engage in sadomasochistic abuse, have sexual relations with an animal, prostitution, or any other act that involves sexual activity.

Sadomasochistic abuse covers sadism (enjoying giving abuse) or masochism (enjoying receiving abuse). These people enjoy tying themselves or others up, whipping, and torture.

“Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.

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Engaging in Sexual Activity What the State Prosecutor has to Prove to Convict You of Lewd or Lascivious Battery by Engaging in Sexual Activity

The prosecutor must prove beyond a reasonable doubt:

1. The victim was older than 12 but younger than 16 years of age; and
2. You either:
   1. Acted so that the sexual organ of the defendant or the victim penetrated or had touched the anus, vagina, or mouth of the victim or the defendant; or
   2. You penetrated the victim’s anus or vagina with an object.

Encouraging, Forcing, or Enticing What the State Prosecutor has to Prove to Convict the You of Lewd or Lascivious Battery by Encouraging, Forcing or Enticing

The prosecutor must prove beyond a reasonable doubt:

1. The victim was under the age of sixteen years; and
2. You encouraged, forced, or enticed the victim to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any act involving sexual activity.

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Punishment for Lewd or Lascivious Battery in West Palm Beach

This crime is ranked as level 8 under the Florida Criminal Punishment Code. This crime is a second-degree felony that is punishable up to 15 years in prison and a $10,000 fine.

The crime becomes a first-degree felony if the person was above the age of 18, has been previously convicted ofkidnapping a child below 13 or false imprisonment of a child younger than 13, and during either one of those previous crimes the defendant was convicted for:

• A sexual battery against a minor under Chapter 794;
• A lewd act under Chapter 800;
• An action listed in Florida Statute 847.0135;
• Kidnapping or aggravated kidnapping of a child younger than 13 under Florida Statute 787.01;
• False imprisonment or aggravated false imprisonment of a child under 13 under Florida Statute 787.02;
• Lewd or lascivious acts in front of or on elderly people against Florida Statute 825.1025; and
• Computer pornography, luring a child via the internet, traveling to meet a minor, or transmitting pornography under Florida Statute 847.0135.

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Other Consequences

Anyone who is convicted of this crime will also be required to register as a sexual predator according to Florida Statute 775.21. If you travel, there are national sexual predator laws that you must comply with.

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Contact the Law Office of Roger P. Foley, P.A.

If you have been charged with this serious crime, call our serious attorneys. Our West Palm Beach attorneys focus on criminal matters and want to hear your side of the story. Your case is important to us. Call today to schedule a 5 minute free consultation with one of our attorneys so we can take the facts you give us and craft a defense strategy for your case. The strategy will be essential to negotiating with the prosecutor to drop the case, arguing to the judge to dismiss the case, or arguing to the jury to receive an acquittal in the case. Call today so we can get to work for you.

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