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Lewd or Lascivious Battery under § 800.04(4)(a)1

In 2014, the Florida legislature created the crime of “lewd and lascivious battery” which is classified as a first-degree felony if the defendant was 18 years of age or older at the time of the crime and had a prior conviction for an enumerated crime. See § 800.04(4)(c), Fla. Stat. 

Under § 775.0862, Fla. Stat., the penalties for this type of lewd or lascivious crime can be enhanced if the sexual offense was committed by a school authority figure against a student at the same school. The term “authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.

Under § 800.04(3), Fla. Stat., the defendant's bona fide belief of the victim's age, the victim's misrepresentation of his or her age, or the defendant's ignorance of victim's age is not a defense to the crime charged.

If you are charged with a sexually motivated offense for lewd or lascivious battery under Florida Statute Section 800.04(4)(a)1, then contact an attorney in Tampa, FL, at the Sammis Law Firm. We fight false accusations.

Call 813-250-0500 to discuss your case. 


Elements of Lewd or Lascivious Battery under § 800.04(4)(a)1

To prove the crime of Lewd or Lascivious Battery under Florida Statute § 800.04(4)(a)1, the prosecutor with the State of Florida must prove the following two elements beyond a reasonable doubt:

  • The victim was twelve years of age or older, but under the age of sixteen years; and
  • The defendant either:
    • committed an act upon or with the victim in which the sexual organ of the defendant or victim penetrated or had union with the mouth, vagina, or anus of the victim or defendant; or
    • the act committed upon or with the victim in which the anus or vagina of the victim or defendant was penetrated by an object.

The definition of “an object” includes a finger which is often called digital penetration. Additionally, the term “union” means contact.

The standard jury instructions for lewd and lascivious battery were first adopted in 2007 [SC05–1434, October 25, 2007, 969 So.2d 245] and last amended in 2015.


Types of Lewd and Lascivious Battery

Lewd and Lascivious battery is charged as a Level 8 offense and a second-degree felony under either: 

  • Lewd or Lascivious Battery by Engaging in Sexual Activity - § 800.04(4)(a), Fla.Stat
  • Lewd or Lascivious Battery by Encouraging, Forcing or Enticing) § 800.04(4)(b), Fla.Stat

Under Florida Statute Section 825.1025(2), lewd or lascivious battery upon an elderly person or disabled adult is also a level 8 offense charged as a second-degree felony. 

Other related charges include lewd or lascivious battery by encouraging, forcing or enticing under  § 800.04(4)(ba)2, Fla. Stat.


Finding a Lawyer for Lewd / Lascivious Battery in Hillsborough County, FL

If you were charged with lewd or lascivious battery under §800.04(4)(a)1 or lewd or lascivious by encouraging, forcing or enticing under § 800.04(4)(ba)2, Fla. Stat., then contact an experienced criminal defense attorney in Tampa, FL. 

The attorneys at Sammis Law Firm represent clients falsely accused of serious sexually motivated crimes related to Assault under Florida Statute 784.011, Battery under Florida Statute Section 784.03, or Unnatural and Lascivious act under 800.02. 

Call us for a free consultation to discuss your pending charges or an ongoing investigation. Call 813-250-0500 today. 


This article was last updated on Thursday, February 16, 2017.

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