Lewd or Lascivious Act in the Presence of a Minor

If you have been arrested in the Orlando area for violating 800.04(7) for lewd or Lascivious Exhibition, the law offices of Finebloom & Haenel have attorneys that are prepared to defend you.

Under the statute, a person who commits any of these acts in the presence of a person under the age of 16 commits lewd and lascivious exhibition:

  1. Intentionally masturbating;
  2. Intentionally exposing the genitals in a lewd or lascivious manner; or
  3. Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the person under 16, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
    • If you are over 18 years of age, lewd or lascivious exhibition is a felony of the second degree, punishable by up to 15 years in prison.
    • If you are under 18 years of age, and the State chooses to charge you as an adult for this crime, lewd or lascivious exhibition is a felony of the third degree, punishable by up to 5 years in prison.

It doesn’t matter whether or not you knew there were people under the age of 16 around when you committed one or more of these acts.

There are many definitions of lewd and lascivious. Overall, in order for something to be considered lewd or lascivious, it must be done for sexual gratification or sexual purpose. If you have been charged under this statute while urinating for example, that act would not qualify as lewd or lascivious.

Any type of sexual allegation looks horrible when your background check is performed. In addition, a conviction of this statute can cause you to lose the right to vote, cause eviction from some housing authorities and even cause a loss of a professional license. Do not risk it! Call the defense team of Finebloom & Haenel now at 407-218-6277. We are available 24/7 to discuss your options with you!