Lewd and lascivious battery (statutory rape) is a serious sex offense. As Florida Statute 800.04 states, the crime of lewd and lascivious battery is committed when a person engages “in sexual activity with a person 12 years of age or older but less than 16 years of age” or “encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.”
The penalty for lewd and lascivious battery convictions varies depending on the age of both the victim and the offender. If convicted of lewd and lascivious battery, a defendant faces a mandatory prison sentence and mandatory registration as a sex offender on the Florida Sex Offender Registry. Lewd and lascivious battery is a second-degree felony punishable by up to 15 years in prison and up to 15 years of probation. If the victim is under the age of 12, a conviction can result in a minimum prison sentence of 30 years. For defendants under the age of 18, lewd and lascivious battery is a third-degree felony punishable by up to five years in prison. Repeat offenders are committing a first-degree felony punishable by up to 30 years in prison.
Cases involving lewd and lascivious battery accusations are complex and offer limited defense strategies. For example, the victim’s voluntary consent is not a permissible defense strategy for lewd or lascivious battery cases, and neither is a lack of knowledge of the victim’s age, either by ignorance or misrepresentation by the victim. Lastly, the victim’s lack of chastity is not a permissible defense.
If you have been accused of a serious crime like lewd or lascivious battery, it’s important that you contact an attorney that is highly experienced in these types of cases. Anthony Rickman is a skilled, knowledgeable, and experienced criminal defense attorney who has successfully handled numerous cases and allegations of lewd or lascivious battery. Mr. Rickman has been able to present information, evidence, and arguments that have resulted in the state reducing charges or completely dropping charges of lewd and lascivious battery filed against his clients.. Don’t delay, contact Anthony Rickman today for a free consultation.