Dade City & Zephyrhills Lewd & Lascivious Conduct Attorneys
The crime of Lewd or Lascivious Conduct in Florida is either a 3rd degree or 2nd degree felony. A 3rd degree felony is punishable up to 5 years in prison and a 2nd degree felony is punishable up to 15 years in prison. The degree of the offense depends on the age of the alleged perpetrator. Florida Statute 800.04(6) states that a person commits Lewd or Lascivious conduct when the person does one of the following:
- Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
- Solicits a person under 16 years of age to commit a lewd or lascivious act.
3rd degree felony: When the offender is less than 18 years of age.
2nd degree felony: When the offender is 18 years of age or older.
Hire an Experienced Criminal Defense Lawyer before Speaking with the Police
If you are the subject of a Lewd and Lascivious Conduct investigation, the police probably will attempt to obtain a verbal or written statement from you. Sometimes the officer will read the suspect his Constitutional Rights or Miranda warnings. In many instances the officer does not read the suspect his Miranda warnings because the officer believes the law doesn’t require it. Frequently, the police officer or detective will attempt to obtain the statement from an L&L Conduct suspect in a casual and relaxed setting without Miranda warnings. This law enforcement interview technique is done this way for two reasons. The first reason is to make the suspect comfortable and to get the suspect to talk openly. The second reason is to avoid having to read the suspect his Miranda Warnings out of concern the suspect will invoke his rights and demand an attorney before questioning. Keep in mind that an officer is not required to read a suspect his Miranda warnings during consensual encounters. A consensual encounter occurs when a suspect is free to leave but doesn’t leave and agrees to answer the questions. Also, be aware that officers are allowed to lie to you when they interview you. This also is a technique that law enforcement officers use to get a suspect to admit details of an incident. Additionally, interviews may be recorded without your knowledge and others times they are not. If you are confronted with this situation, you have the right to remain silent and talk with an experienced Dade City & Zephyrhills Lewd & Lascivious Conduct attorney before making any statements.
A SUSPECT SHOULD NOT TALK TO THE POLICE UNTIL AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IS RETAINED.
The experienced lewd or lascivious criminal defense lawyers at the Madonna Law Group are available to offer guidance during this crucial stage of the investigation. If you are a suspect in a lewd or lascivious conduct investigation, you need to assemble your legal team as early as possible. Our criminal defense attorneys have extensive experience in dealing with law enforcement officers and prosecutors during these types of investigations. Call 352.567.0411 to schedule a free initial consultation.
Sexual Offender/Predator Lifetime Registration Requirements if Convicted
Any person convicted of a Lewd or Lascivious Conduct may be declared either a sexual offender or sexual predator and be forced to comply with sexual offender/predator registration laws in Florida and throughout the United States.
Defenses that cannot be used in Florida Lewd or Lascivious Cases
- The alleged victim’s past sexual experience or lack of chastity cannot be used as defense. Even if the alleged victim is a prostitute, in most cases that fact will be ruled inadmissible.
- The suspect’s ignorance of the alleged victim’s age cannot be used as a defense.
- The belief that the alleged victim was of legal age. It is not a defense if the alleged victim lied about his/her age or the perpetrator had a good faith reason to believe the alleged victim was of legal age.
Free Initial Consultation on Lewd or Lascivious Conduct Allegations
Call (352) 567-0411 today to speak with a Dade City & Zephyrhills Lewd & Lascivious Conduct attorneys. Our firm is in Dade City, located in Pasco County, Florida. We are located directly across the street from the Pasco County Courthouse. The Madonna Law Group also represents clients involving criminal matters in but not limited to Hernando County, Sumter County, Citrus County, Hillsborough County, Polk County, and Pinellas County, including Tampa, Brooksville, New Port Richey, Clearwater, St. Petersburg, Lakeland, Bushnell, Bartow, and Plant City. We will defend you anywhere in the State of Florida.