Over the last few weeks, I’ve blogged about Sexual Battery and Lewd and Lascivious Molestation in Okaloosa County.
This week, I will talk about Lewd and Lascivious (L & L) Conduct.
L & L Conduct involves sexual contact with a person under the age of 16. L & L Conduct is a felony in the State of Florida and if you are convicted, it carries a possible prison sentence under the Florida Sentencing Guidelines.
What does Lewd and Lascivious Conduct mean?
Florida Statute 800.04 defines L & L Conduct as “intentional touching of a person less than 16 years of age in a lewd or lascivious manner, OR soliciting a person under 16 years of age to commit a lewd or lascivious act.”
What is the possible penalty for Lewd and Lascivious Conduct?
It is a 2nd degree felony, punishable by up to 15 years in prison, if the offender is over the age of 18.
It is a 3rd degree felony, punishable by up to 5 years in prison, if the offender is under the age of 18.
How is this charge different from Lewd and Lascivious Molestation?
The main difference between L & L Conduct and L & L Molestation is that in order to prosecute someone for L & L Conduct, the State Attorney in Crestview or Fort Walton Beach only has to prove touching in a lewd or lascivious manner. It is NOT necessary that the touching was on the person’s genitals; the touching can occur anywhere on the alleged victim’s body.
If you touch a person’s arm or leg in a lewd or lascivious manner, you can be prosecuted for L & L Conduct.
If you touch a person’s genitals in a lewd or lascivious manner, you can be prosecuted for L & L Molestation.
It sounds like the State Attorney has a lot of discretion?
They do. It is easy for the State Attorney to use such an ambiguous allegation to go after someone. If you touch someone under the age of 16, and that person claims the touching was done in a lewd or lascivious manner, you could be prosecuted for L & L Conduct.
Does it make a difference if I didn’t know how old the person was?
It doesn’t matter under Florida law. It is a strict liability offense. Even if the person lied about their age, you can still be prosecuted. If the person was under the age of 16, the law places the burden on YOU to know whether it is legal to engage in sexual activity with that person.
Yes, I touched the person but it wasn’t in a sexual way?
This happens a lot unfortunately. It is easy to see how things can spin out of control. Sometimes an adult will touch a child in a perfectly innocent way and it gets misinterpreted. An example would be if a coach or a teacher pats his/her player or student on the rear end, or even on the arm. If someone gets the wrong idea from such a touch, they could decide to make an issue out of it.
What if the child “consented” to the activity?
Consent is NOT a defense in L & L Conduct cases. A child can not legally give their consent to sexual activity. As I said earlier, the law is in place to protect the child and the burden is on YOU to know whether this person is someone you can legally engage in sexual activity with.
What should I do if the police want to talk to me?
It is common in L & L cases for the police to try to interrogate someone before they have been arrested. A lot of the time, it is because the only evidence they have is the “word” of the accuser and they are looking for something (anything) that will “back up” the accuser’s story. All too often, they get that corroborating evidence from the suspect. Even if you are completely, 100% innocent, the police are very skilled at manipulating people and misleading them into saying incriminating things.
It is very, very rare that someone talks themselves out of trouble once an allegation or complaint has been made.
The most important advice I can give you is DON’T TALK TO THE POLICE!
If someone has accused you, or if you think someone is about to accuse you, it is time to take this seriously. It is time to prepare yourself and your family for the devastating impact an allegation like this can have.
It is time to start taking steps to fight back and defend your freedom.
What should I do now?
The Police and the State Attorney’s Office have already decided you are a child molester. They are going to put all their efforts into putting you in prison for a long time.
As you prepare for this fight, you need someone next to you with a proven track record of success in these kinds of cases. You need someone who will help you fight back.
Your choice of defense counsel to help you through this terrible time is a crucial decision. I invite you to come talk to me about your case. I will help you understand your options and what an effective defense team can do for you. Either way, you will feel more at ease about where you stand after meeting with me.
If you or a loved one has been accused of Lewd and Lascivious Conduct 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, confidential consultation. We are available 24 hours a day, 7 days a week.
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