Understanding Lascivious Acts in Florida with an Experienced Attorney
Under Florida law, lascivious acts refer to any sexual act performed publicly. This can encompass a wide array of behaviors, both physical and psychological.
Examples of lascivious actions include:
- Touching the genitals
- Encouraging minors to touch their own genitals
- Touching breasts or buttocks
- Asking children to touch breasts and buttocks
- Performing a sexual act in front of a minor
- Rubbing of the genitals with clothing
- Indecent exposure
Participating in lascivious acts can lead to significant consequences, particularly if multiple laws are broken.
The Consequences of Lascivious Acts
Being convicted of lascivious acts in Florida can lead to severe penalties, which vary based on the offender’s age. The following chart illustrates the potential penalties:
|Offender Over 18 Years Old
|Offender Under 18 Years Old
|Felony of the second degree, up to 15 years in prison
|Felony of the third degree, up to 5 years in prison
|2 years in prison
|2 years in prison
Beyond legal penalties, lascivious acts can significantly impact your life, including damaging your credibility, reputation, housing options, employment opportunities, and personal and business relationships.
How to Defend Against a Charge of Lascivious Acts in Florida
If you’ve been charged with lascivious acts in Florida, it’s essential to immediately seek the counsel of an experienced defense attorney. One such firm is Leppard Law: Florida Criminal Defense Attorneys. It’s critical not to discuss the accusations with anyone, including law enforcement officials until you’ve consulted with your lawyer.
Legal defenses are intricate and tailored to the circumstances surrounding the case. Here’s an in-depth look into some of the most potent defenses:
- Motion to Suppress: A motion to suppress is a powerful tool in a defense attorney’s arsenal. This motion seeks to exclude any evidence obtained unlawfully or against your constitutional rights. If, for instance, the police violated your Fourth Amendment rights by conducting an illegal search and seizure, any evidence procured during this process could be dismissed, thereby weakening the prosecution’s case.
- Alibi Defense: An alibi defense serves to prove that you were not at the location where the alleged incident took place. This defense might necessitate tangible evidence, such as video surveillance, credit card transactions, or corroborating testimony from credible witnesses. A rock-solid alibi can dismantle the prosecution’s claim entirely.
- Lack of Intent: Florida law demands proof of intent to secure a conviction for lascivious acts. If it can be demonstrated that the act was unintentional or that a reasonable misunderstanding led to the situation, this could form a solid defense. Your attorney could work to disassemble the prosecution’s argument by establishing a plausible, non-lascivious reason for the incident.
- Consent: While inapplicable in cases involving minors, in situations with adults, proving that the act was consensual is a viable defense. To succeed, it must be clearly demonstrated that both parties gave informed, voluntary, and unequivocal consent to the act in question.
- False Accusations: Sadly, false accusations occur for a variety of reasons, ranging from misunderstandings to malicious intent. Unraveling these accusations often requires a combination of character witnesses, examination of the accuser’s credibility, inconsistencies in the accuser’s testimony, and any potential motives for fabricating the accusation.
- Mistaken Identity: In some cases, the accuser may have misidentified their assailant. Your defense attorney can challenge the reliability of the identification process or present evidence that suggests you are not the perpetrator.
- Inadequate Evidence: The prosecution must prove beyond a reasonable doubt that you committed the alleged act. If they lack strong, substantive evidence, your defense attorney can argue for a dismissal or acquittal based on insufficient evidence.
Each defense strategy requires an intricate understanding of the law and a careful analysis of all the details surrounding the case. Our experienced defense attorneys can examine your case, identify potential weaknesses in the prosecution’s charges, and build a comprehensive strategy aimed at obtaining the best possible outcome for you.
Frequently Asked Questions About Lewd and Lascivious Acts Charges in Florida
1. Can an accusation of lascivious acts impact my employment?
Yes, an accusation or conviction of lascivious acts can have severe implications on your employment. This is particularly true for positions requiring interaction with minors or roles demanding high ethical standards. Employers may terminate or suspend an employee facing such charges, and it may be challenging to secure future employment in certain sectors.
2. Does a charge of lascivious acts mandate registration as a sex offender?
Conviction of certain lascivious acts in Florida can require the offender to register as a sex offender. The consequences of this registration can be far-reaching, affecting employment, housing, and personal life.
3. What role does digital evidence play in lascivious acts cases?
Digital evidence, such as text messages, emails, or online activity, can play a significant role in lascivious acts cases. They can be used by the prosecution to establish intent or demonstrate a pattern of behavior. Conversely, defense attorneys can also utilize such evidence to dispute the allegations or undermine the credibility of the accuser.
4. Can charges be dropped in lascivious acts cases?
Yes, charges in lascivious acts cases can be dropped if there’s insufficient evidence, if there were procedural errors in obtaining evidence, or if the defense can convincingly argue innocence or lack of intent.
5. What is the process for a trial of lascivious acts in Florida?
A lascivious acts trial generally involves the following stages: arraignment (where the accused enters a plea), discovery (exchange of information between the defense and prosecution), pretrial motions (requests made to the court regarding the admissibility of evidence or the conduct of trial), trial (presentation of the case to the judge or jury), verdict, and sentencing (if found guilty).
At Leppard Law Criminal Defense Attorneys, we understand the profound impact these charges can have on your life. Our defense attorneys are committed to providing vigorous representation, fighting to avoid a conviction. If your case involves accusations of lascivious acts or other sexually motivated crimes, contact us today at (407) 476-4111 to arrange a free case consultation. We are conveniently located in downtown Orlando, near the federal and state courthouses.