Lewd and Lascivious Exhibition
On December 5, 2018, the jury returned a “not guilty” in a case pending before the Honorable Susan L. Barthle in Dade City, FL. The crime of Lewd and Lascivious Molestation is a first degree felony, punishable by life in prison (with a 25-year minimum mandatory prison sentence).
Instead of facing those penalties, our client was exonerated and walked out of the courthouse with us after the jury returned the “not guilty” verdict. Leslie Sammis was the lead attorney in the case.
Disclaimer: The facts of your case may differ from the facts discussed here. Not all case results are listed here. The case results discussed here are not necessarily representative of the results obtained in all cases. Each case is different and must be evaluated and handled on its own merit.
In Florida, the crime of lewd and lascivious exhibition involves an allegation that the defendant committed a lewd or lascivious act without actually touching the victim. This lewd exhibition can occur when the defendant, in the presence of the victim, masturbates or intentionally exposes his genitals in a lewd manner, or even simulates an act of sexual activity.
The victim in these types of cases is either a child under the age of 18 years old, a disabled person, or an elderly person. Because the offense is committed without touching, many of these offenses are committed over a computer or cell phone and charged as Lewd or Lascivious Exhibition Over Computer Service § 847.0135(5), Fla. Stat.
Under § 800.04(2), Fla. Stat., it is not a defense to the charge if the alleged victim was sexually active. It is also not a defense to the crime if the Defendant didn’t know the person’s age because of ignorance or because the victim misrepresented his or her age.
Depending on the age of the defendant, and the way the crime was committed, the offense is classified as either a second-degree felony or third-degree felony. The penalties are enhanced if the crime is committed against a student by a school authority figure at the same school.
Attorneys for Lewd and Lascivious Exhibition in Florida
If you were charged with any type of lewd or lascivious crime in Tampa, Hillsborough County, or the surrounding areas in the Tampa Bay area, then contact an experienced criminal defense attorney at Sammis Law Firm.
In Hillsborough County, FL, the defendant is not eligible to post bond on any charge of lewd and lascivious until after the first appearance hearing. In these cases, it is important to have an attorney at the first appearance bond hearing so that you have the best chance of getting the bond set as low as possible.
The crime of lewd or lascivious child molestation does involve actual physical contact between the child and the person accused of the crime. Contact us to find out more about the pending charges, the potential punishments, and the best way to aggressively fight the charges.
Call (813) 250-0500 today.
Types of Lewd and Lascivious Exhibition Crimes in Florida
Under Florida law, different types of lewd and lascivious crimes involving exhibition include:
- Level 4 – 800.04(7)(d) – 3rd – Lewd or lascivious exhibition; offender less than 18 years;
- Level 4 – 847.0135(5)(c) – 3rd – Lewd or lascivious exhibition using computer; offender less than 18 years;
- Level 5 – 800.04(7)(b) – 2nd – Lewd or lascivious exhibition; offender 18 years of age or older.
- Level 5 – 825.1025(4) – 3rd – Lewd or lascivious exhibition in the presence of an elderly person or disabled adult; and
- Level 5 – 800.04(7)(c) – 2nd – Lewd or lascivious exhibition; offender 18 years or older.
Lewd or Lascivious Exhibition Presence of a Child
Lewd and Lascivious Exhibition by a person 18 years of age or older is classified as a second-degree felony. The crime is assigned a level 5 offense severity ranking in the Florida Criminal Punishment Code.
If you were charged with lewd or lascivious exhibition within the presence of a child under Florida Statute Section § 800.04(7)(a). The standard jury instructions for this offense are found in 11.10(e) which were adopted in 2008 [998 So. 2d 1138] and amended in 2015.
The elements of Lewd or Lascivious Exhibition that must be proven beyond all reasonable doubt include:
1. The victim was under the age of 16 years.
2. The Defendant did one of the following acts:
a. intentionally masturbated;
b. intentionally exposed of his or her genitals in a lewd or lascivious manner;
c. committed a sexual act or the simulation of any act involving sexual activity that did not involve actual physical or sexual contact with the victim;
3. The act was committed in the presence of the victim.
4. The Defendant was 18 years of age or older at the time of the offense or the Defendant was less than 18 years of age at the time of the offense.
The words “lewd” and “lascivious” are defined to mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act under § 800.04(1)(a), Fla. Stat.
The term “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; however, sexual activity does not include an act done for a bona fide medical purpose.
Since the victim must be younger than 16 for an offense of lewd or lascivious exhibition, if the Defendant is accused of performing the acts described under s. 800.04, F.S., in the presence of a person age 16 years or older, then the Defendant can only be charged with exposure of sexual organs under Florida Statute Section 800.03 (commonly known as “indecent exposure”), a misdemeanor offense.
Lewd and Lascivious Exhibition Involving a Student
The penalties for the crime can be enhanced with the sexual offense was committed against a student by a school authority figure at the same school. The term “student” means a person younger than 18 years of age who is enrolled at a 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. The term “school” does not include facilities dedicated exclusively to the education of adults.
The definition of the term “school” does apply to an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under the rules of the State Board of Education.
The definition of the term “school” does apply to an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under the rules of the State Board of Education.
Jury Instructions for Lewd and Lascivious Exhibition in Florida
Three different standard jury instructions are related to lewd and lascivious exhibition including:
- 11.10(e) Lewd or Lascivious Exhibition Presence of Child § 800.04(7)(a), Fla. Stat.
- 11.10(f) Lewd or Lascivious Exhibition Over Computer Service § 847.0135(5), Fla. Stat.
- 11.10(g) Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility § 800.09, Fla. Stat.
This article was last updated on Tuesday, December 15, 2020.
