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Criminal Defense Lawyer in Orlando, FL

Lewd and Lascivious Exhibition Lawyer in Orlando, FL

Sex crimes are prosecuted severely in the state of Florida, especially those involving a minor. If you’ve been charged with lewd and lascivious exhibition, or any other lewd and lascivious sex crime, contact Hanlon Law to get started on your best possible defense. 


What is Lewd and Lascivious Exhibition?


“Lewd and lascivious exhibition” is a subcategory of lewd and lascivious sex crimes, which are in turn a subset of general sex crime. While sex crimes include any crime of a sexual nature, the “lewd and lascivious” component specifically refers to the involvement of a minor 16 years old or younger.


Lewd and lascivious exhibition, specifically, is defined by Florida Statute 800.04 as intentional sexual behavior in the presence of a minor, when that behavior does not include physical contact. This sexual behavior includes masturbation, exposing one’s genitals, sadomasochistic abuse, sexual bestiality, and the simulation of acts involving sexual activity. 


What Are the Consequences of Lewd and Lascivious Exhibition Charges? 


When committed by an adult (anyone over the age of 18), lewd and lascivious exhibition is considered a second-degree felony. As such, it is punishable by up to 15 years in prison (or 15 years of sex offender probation), as well as a $10,000 fine. 


In addition, lewd and lascivious exhibition by an adult with no prior criminal history is classified by Florida’s Criminal Punishment Code as a Level 5 offense, which requires a minimum 2 years of sexual offender probation.


For anyone under the age of 18, lewd and lascivious exhibition is charged as a third-degree felony, punishable by up to 5 years in prison (or 5 years of sex offender probation), and a $5,000 fine. Lewd and lascivious exhibition by a minor is assigned Level 4 by Florida’s Criminal Punishment Code, which also demands a minimum 2 years of sex offender probation.


In addition to jail time and fines, someone convicted of lewd and lascivious exhibition may find themselves faced with mandatory sex offender registration. The sex offender registry is a publically-accessible list that shows the name and location of registered sex offenders, often going so far as to include an actual home address. Registered sex offenders are required to update their registration with any personal information changes, such as a change of address or last name, and must register as a sex offender if they move to another state. Failure to comply is also a crime and can result in even more jail time.


Additionally, being a registered sex offender can have life-long consequences, including limiting housing, educational, and employment opportunities.


Prohibited Defenses Against Lewd and Lascivious Exhibition Charges


All lewd and lascivious sex crimes (that is to say, sex crimes that involve a minor) have a few defense strategies that are prohibited:


  • Ignorance of the minor’s age
  • Consent on behalf of the minor
  • Misrepresentation of the minor’s age (by the minor or a third party)


Basically, this means that it doesn’t matter if you genuinely believed the alleged victim was of age, or if they told you they were of age. Similarly, it doesn’t matter if you had the clear consent of the alleged victim, as minors are not legally considered capable of consenting to sexual encounters. 


The only time consent comes into play is with the Romeo and Juliet law. The Romeo and Juliet law was put into place to help mitigate the long-lasting effects of mandatory sex offender registration for teens who have consensual sexual encounters with one another. So, for example, if an 18-year-old has a consensual sexual encounter with their highschool sweetheart, who is only 15 years old, they may be exempted from mandatory sex offender registration. 


How to Defend Against Lewd and Lascivious Exhibition Charges


Despite these defense restrictions and such severe and enduring consequences, there are still plenty of defense routes to take. Possibly strategies include:

 

  • False allegations: the exhibition in question did not occur, and either the alleged victim is misrepresenting the truth of their own accord, or due to pressure from someone in their life (usually a parent)
  • Lack of intent: Florida law clearly states that lewd and lascivious exhibition must involve intent, so situations with no intent may end with dropped charges (such as sexual behavior enacted in what the defendant believed to be private but observed by a minor nonetheless whether intentionally or unintentionally so)
  • Mental illness: any mental illness on the part of the defendant or the alleged victim can be a viable defense, depending on the circumstances of the case
  • Similarly, any aggression on behalf of the alleged victim may also be useful as a defense


Orlando Sex Crime Lawyer


If you’ve been charged with lewd and lascivious exhibition, or any other sex crime, all hope is not lost. At Hanlon Law, our team brings nearly two decades of experience to the table. Our aggressive strategy and dedicated team will take advantage of every opportunity to advocate on your behalf. We’ll work both in the courtroom and behind the scenes and do everything in our power to help you secure the most favorable outcome possible. Contact Hanlon Law today to schedule a free consultation.

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