In a recent blog post, I talked about the charge of Sexual Battery. In this post, I am going to talk about another sexually related charge, Lewd and Lascivious (L & L) Molestation.
L & L Molestation is a charge that some of us would think of as sexual molestation or fondling. It stems from unlawful sexual touching of a child. In Okaloosa County and throughout the State of Florida, any allegation of L & L Molestation is a felony. Under the Florida Sentencing Guidelines, a conviction carries a mandatory state prison sentence.
That does NOT mean your situation is hopeless however. These cases can be won. Right now, you have been arrested. And I know that is devastating. But at this point, you have NOT been convicted.
My job is to make sure it stays that way.
Need a definition of Lewd and Lascivious Molestation?
Florida Statute 800.04(5) defines L & L Molestation is “intentional touching, in a lewd or lascivious manner, of the breasts, genitals, genital area, or buttocks, or the clothing covering, of a person less than 16 years old.” It can also be committed when someone “forces or entices a person under 16 years of age to so touch the perpetrator.”
Is that different from Sexual Battery?
Sexual Battery stems from a situation where penetration occurred. L & L Molestation involves fondling or touching without penetration.
Does it matter if I didn’t know how old the person was?
Under Florida law, it doesn’t matter. Even if the child lied about his/her age, you can still be prosecuted. The law protects the child and places the burden on YOU to know whether it is legal to have sexual contact with that person.
Does it make any difference if the child “consented” to the activity?
In cases of Sexual Battery involving two adults, consent can be a very effective defense. But consent is NOT a defense in L & L cases. A child can not legally consent to sexual activity. The law is designed to protect the child and the burden is on YOU to know whether this person is someone you can legally have sexual contact with.
Does it matter if no force was used?
No. The use of force is not an element that the prosecutor has to prove in order to convict you of L & L Molestation. The law presumes that any sexual contact with a child is against the child’s will, regardless of whether any actual force was used.
What am I facing if I am convicted?
You face severe penalties if convicted. Under Florida Sentencing Guidelines, any conviction carries a mandatory prison sentence.
If the child was under the age of 12, and the offender was over the age of 18, it is punishable by LIFE in prison.
If the child was over the age of 12 but less than 16, and the offender was over 18, it is punishable by up to 15 years in prison.
If the child was under the age of 12 and the offender was under the age of 18, it is punishable by up to 15 years in prison.
If the child was over the age of 12 but less than 16, and the offender was under 18, it is punishable by up to 5 years in prison.
Something else to think about is that if you are convicted, you will be required to register as a sexual offender or sexual predator. This classification will follow you for the rest of your life.
What should I do if the police want to talk to me?
The most important advice I can give you is DON’T TALK TO THE POLICE!
Even if you are completely 100% innocent, the police are very skilled at tricking people into incriminating themselves.
If someone has accused you, or if you are afraid someone is about to accuse you, don’t sit back and wait. Your best strategy is to take the initiative and fight back.
Your freedom is on the line.
What should I do next?
The Prosecutor’s Office, the Child Abuse Investigators, and the Police have already decided you are a child molestor. They are gathering all of their resources towards one goal: putting you in prison for a very, very long time.
You need someone on your side with a proven track record of sucess in these kind of cases. Someone who has won these cases. Someone who won’t back down. Someone who will help you fight back.
Choosing the right defense attorney to defend you can make ALL the difference.
When you future is at stake, Flaherty Defense Firm can give you the help you need. If you or a family member has been charged with Lewd and Lascivious Molestation or any sexual related offense in Fort Walton Beach, Crestview, Navarre, Milton, or anywhere in Okaloosa County or Santa Rosa County, call us today at (850) 243-6097 for a free and confidential consultation. We are available 24 hours a day, 7 days a week.
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