Florida statute

Fla. Stat. § 800.04 — Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

Current through 2025 Florida Statutes

Part of Chapter 800: Lewdness; Indecent Exposure, Florida Statutes.

Criminal charges under this statute

Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

Full text of Fla. Stat. § 800.04

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 800.04Primary source, current through the 2025 Florida Statutes

(1) DEFINITIONS.—As used in this section:(a) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.(c) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.(d) “Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.(e) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer. (2) PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section. (3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section. (4) LEWD OR LASCIVIOUS BATTERY.—(a) A person commits lewd or lascivious battery by:1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.(b) Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of:1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);2. Section 787.01(3)(a)2. or 3.;3. Section 787.02(3)(a)2. or 3.;4. Chapter 794, excluding s. 794.011(10);5. Section 825.1025;6. Section 847.0135(5); or7. This section. (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.(b) 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, punishable as provided in s. 775.082(3)(a)4.(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of agecommits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(d) 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(e) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of:1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);2. Section 787.01(3)(a)2. or 3.;3. Section 787.02(3)(a)2. or 3.;4. Chapter 794, excluding s. 794.011(10);5. Section 825.1025;6. Section 847.0135(5); or7. This section. (6) LEWD OR LASCIVIOUS CONDUCT.—(a) A person who:1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or2. Solicits a person under 16 years of age to commit a lewd or lascivious actcommits lewd or lascivious conduct.(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) LEWD OR LASCIVIOUS EXHIBITION.—(a) A person who:1. Intentionally masturbates;2. Intentionally exposes the genitals in a lewd or lascivious manner; or3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activityin the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) EXCEPTION.—A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.