Florida criminal charge
Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person in Florida
Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person is a criminal offense under Florida law, defined by Fla. Stat. § 825.1025. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 825.1025.
What is the penalty for lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Lewd or lascivious battery upon an elderly person or disabled person — Applies when a person encourages, forces, or entices an elderly or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or other sexual activity, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious battery upon an elderly person or disabled person — Applies when a person encourages, forces, or entices an elderly or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or other sexual activity, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Lewd or lascivious molestation of an elderly person or disabled person — Applies when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks (or clothing covering them) of an elderly or disabled person, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lewd or lascivious molestation of an elderly person or disabled person — Applies when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks (or clothing covering them) of an elderly or disabled person, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Lewd or lascivious exhibition in the presence of an elderly person or disabled person — Applies when a person, in the presence of an elderly or disabled person, intentionally masturbates, exposes genitals lewdly, or commits another lewd or lascivious act without physical contact, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent to the act being committed in their presence.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lewd or lascivious exhibition in the presence of an elderly person or disabled person — Applies when a person, in the presence of an elderly or disabled person, intentionally masturbates, exposes genitals lewdly, or commits another lewd or lascivious act without physical contact, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent to the act being committed in their presence.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Lewd or lascivious battery upon an elderly person or disabled person | Felony of the Second Degree | Applies when a person encourages, forces, or entices an elderly or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or other sexual activity, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent. | Fla. Stat. § 825.1025(2)(b) |
| Lewd or lascivious molestation of an elderly person or disabled person | Felony of the Third Degree | Applies when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks (or clothing covering them) of an elderly or disabled person, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent. | Fla. Stat. § 825.1025(3)(b) |
| Lewd or lascivious exhibition in the presence of an elderly person or disabled person | Felony of the Third Degree | Applies when a person, in the presence of an elderly or disabled person, intentionally masturbates, exposes genitals lewdly, or commits another lewd or lascivious act without physical contact, knowing or reasonably should knowing the victim lacks capacity to consent or fails to consent to the act being committed in their presence. | Fla. Stat. § 825.1025(4)(b) |
Common questions about lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person in Florida
Is lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person a felony or a misdemeanor in Florida?
It depends on the circumstances: lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 825.1025.
Lewd or lascivious battery upon an elderly person or disabled person: Felony of the Second Degree (Fla. Stat. § 825.1025(2)(b)) · Lewd or lascivious molestation of an elderly person or disabled person: Felony of the Third Degree (Fla. Stat. § 825.1025(3)(b)) · Lewd or lascivious exhibition in the presence of an elderly person or disabled person: Felony of the Third Degree (Fla. Stat. § 825.1025(4)(b))
What are the penalties for lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person in Florida?
Penalties for lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person?
Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person is governed by Fla. Stat. § 825.1025 (Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.