what elements have to be presents for this to be charged
Personal Injury Lawyer
This is a Sex Crimes charge where the victim is alleged to have been between the ages of 12-16 at the time of the incident while the offender was over the age of 18 at the time of the incident.
The ages of the "victim" and "offender" play a heavy role in the charging and sentencing requirements in Florida.
Lewd and Lascivious has specific meaning, but probably more important is whether the person you are writing about is charged with L&L Battery or L&L Molestation.
Below is what the code says:
(4) LEWD OR LASCIVIOUS BATTERY.--A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) 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 commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) LEWD OR LASCIVIOUS MOLESTATION.--
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
Our firm practices in Marion County, Florida. If you need to come into the office for a consultation, please let us know.
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Speeding / Traffic Ticket Lawyer
Mr. Melton is correct. I would add that if charged with this you will need to review the police report and compare it to the facts, quickly speak to any witnesses that confirm your facts, and hire an attorney experienced in this area. This is a serious charge, please take it serious.
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