Florida criminal charge
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age in Florida
Current through 2026 Florida legislative session
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age is a criminal offense under Florida law, defined by Fla. Stat. § 800.04. 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. § 800.04.
What is the penalty for lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Lewd or lascivious battery — standard — An offender who commits lewd or lascivious battery (sexual activity with a person 12–15, or encouraging/forcing/enticing such person into sadomasochistic abuse, bestiality, prostitution, or other sexual activity), absent the prior-conviction enhancement in (4)(c), commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious battery — standard — An offender who commits lewd or lascivious battery (sexual activity with a person 12–15, or encouraging/forcing/enticing such person into sadomasochistic abuse, bestiality, prostitution, or other sexual activity), absent the prior-conviction enhancement in (4)(c), commits a felony of the second degree.; 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 30 years (Lewd or lascivious battery — prior qualifying conviction — An offender 18 or older who commits lewd or lascivious battery and was previously convicted of specified sexual offenses (e.g., kidnapping/false imprisonment involving a minor with sexual battery or lewd act, sexual battery under chapter 794, lewd acts under s. 825.1025 or s. 847.0135(5), or this section) commits a felony of the first degree.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious battery — prior qualifying conviction — An offender 18 or older who commits lewd or lascivious battery and was previously convicted of specified sexual offenses (e.g., kidnapping/false imprisonment involving a minor with sexual battery or lewd act, sexual battery under chapter 794, lewd acts under s. 825.1025 or s. 847.0135(5), or this section) commits a felony of the first degree.; 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 | Lewd or lascivious molestation — victim under 12, adult offender — An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony.; imprisonment for life or a term of years not exceeding life imprisonment (s. 775.082(3)(a)3.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $15,000 (Lewd or lascivious molestation — victim under 12, adult offender — An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony.; 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 15 years (Lewd or lascivious molestation — juvenile offender/victim under 12, or adult offender/victim 12-15 — An offender less than 18 who molests a victim under 12, or an offender 18 or older who molests a victim 12 to under 16, commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious molestation — juvenile offender/victim under 12, or adult offender/victim 12-15 — An offender less than 18 who molests a victim under 12, or an offender 18 or older who molests a victim 12 to under 16, commits a felony of the second degree.; 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 — juvenile offender, victim 12-15 — An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lewd or lascivious molestation — juvenile offender, victim 12-15 — An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree.; 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 30 years (Lewd or lascivious molestation — adult offender, victim 12-15, prior qualifying conviction — A person 18 or older who molests a victim 12 to under 16 and was previously convicted of specified sexual offenses commits a felony of the first degree.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious molestation — adult offender, victim 12-15, prior qualifying conviction — A person 18 or older who molests a victim 12 to under 16 and was previously convicted of specified sexual offenses commits a felony of the first degree.; 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 15 years (Lewd or lascivious conduct — adult offender — An offender 18 years of age or older who commits lewd or lascivious conduct (touching or soliciting a person under 16 to lewd act) commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious conduct — adult offender — An offender 18 years of age or older who commits lewd or lascivious conduct (touching or soliciting a person under 16 to lewd act) commits a felony of the second degree.; 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 conduct — juvenile offender — An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lewd or lascivious conduct — juvenile offender — An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree.; 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 15 years (Lewd or lascivious exhibition — adult offender — An offender 18 years of age or older who commits a lewd or lascivious exhibition (masturbation, exposure, or other sexual act) in the presence of a victim under 16 commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Lewd or lascivious exhibition — adult offender — An offender 18 years of age or older who commits a lewd or lascivious exhibition (masturbation, exposure, or other sexual act) in the presence of a victim under 16 commits a felony of the second degree.; 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 — juvenile offender — An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lewd or lascivious exhibition — juvenile offender — An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree.; 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 persons less than 16 years of age classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Lewd or lascivious battery — standard | Felony of the Second Degree | An offender who commits lewd or lascivious battery (sexual activity with a person 12–15, or encouraging/forcing/enticing such person into sadomasochistic abuse, bestiality, prostitution, or other sexual activity), absent the prior-conviction enhancement in (4)(c), commits a felony of the second degree. | Fla. Stat. § 800.04(4)(b) |
| Lewd or lascivious battery — prior qualifying conviction | Felony of the First Degree | An offender 18 or older who commits lewd or lascivious battery and was previously convicted of specified sexual offenses (e.g., kidnapping/false imprisonment involving a minor with sexual battery or lewd act, sexual battery under chapter 794, lewd acts under s. 825.1025 or s. 847.0135(5), or this section) commits a felony of the first degree. | Fla. Stat. § 800.04(4)(c) |
| Lewd or lascivious molestation — victim under 12, adult offender | Life Felony | An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony. | Fla. Stat. § 800.04(5)(b) |
| Lewd or lascivious molestation — juvenile offender/victim under 12, or adult offender/victim 12-15 | Felony of the Second Degree | An offender less than 18 who molests a victim under 12, or an offender 18 or older who molests a victim 12 to under 16, commits a felony of the second degree. | Fla. Stat. § 800.04(5)(c) |
| Lewd or lascivious molestation — juvenile offender, victim 12-15 | Felony of the Third Degree | An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree. | Fla. Stat. § 800.04(5)(d) |
| Lewd or lascivious molestation — adult offender, victim 12-15, prior qualifying conviction | Felony of the First Degree | A person 18 or older who molests a victim 12 to under 16 and was previously convicted of specified sexual offenses commits a felony of the first degree. | Fla. Stat. § 800.04(5)(e) |
| Lewd or lascivious conduct — adult offender | Felony of the Second Degree | An offender 18 years of age or older who commits lewd or lascivious conduct (touching or soliciting a person under 16 to lewd act) commits a felony of the second degree. | Fla. Stat. § 800.04(6)(b) |
| Lewd or lascivious conduct — juvenile offender | Felony of the Third Degree | An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree. | Fla. Stat. § 800.04(6)(c) |
| Lewd or lascivious exhibition — adult offender | Felony of the Second Degree | An offender 18 years of age or older who commits a lewd or lascivious exhibition (masturbation, exposure, or other sexual act) in the presence of a victim under 16 commits a felony of the second degree. | Fla. Stat. § 800.04(7)(b) |
| Lewd or lascivious exhibition — juvenile offender | Felony of the Third Degree | An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree. | Fla. Stat. § 800.04(7)(c) |
Common questions about lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age in Florida
Is lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age a felony or a misdemeanor in Florida?
It depends on the circumstances: lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age ranges from a Felony of the Third Degree to a Life Felony in Florida under Fla. Stat. § 800.04.
Lewd or lascivious battery — standard: Felony of the Second Degree (Fla. Stat. § 800.04(4)(b)) · Lewd or lascivious battery — prior qualifying conviction: Felony of the First Degree (Fla. Stat. § 800.04(4)(c)) · Lewd or lascivious molestation — victim under 12, adult offender: Life Felony (Fla. Stat. § 800.04(5)(b)) · Lewd or lascivious molestation — juvenile offender/victim under 12, or adult offender/victim 12-15: Felony of the Second Degree (Fla. Stat. § 800.04(5)(c)) · Lewd or lascivious molestation — juvenile offender, victim 12-15: Felony of the Third Degree (Fla. Stat. § 800.04(5)(d)) · Lewd or lascivious molestation — adult offender, victim 12-15, prior qualifying conviction: Felony of the First Degree (Fla. Stat. § 800.04(5)(e)) · Lewd or lascivious conduct — adult offender: Felony of the Second Degree (Fla. Stat. § 800.04(6)(b)) · Lewd or lascivious conduct — juvenile offender: Felony of the Third Degree (Fla. Stat. § 800.04(6)(c)) · Lewd or lascivious exhibition — adult offender: Felony of the Second Degree (Fla. Stat. § 800.04(7)(b)) · Lewd or lascivious exhibition — juvenile offender: Felony of the Third Degree (Fla. Stat. § 800.04(7)(c))
What are the penalties for lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age in Florida?
Penalties for lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age in Florida depend on how it is classified — from a Felony of the Third Degree up to a Life Felony — 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 persons less than 16 years of age?
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age is governed by Fla. Stat. § 800.04 (Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age).
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.