Florida statute

Fla. Stat. § 825.1025 — Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person

Current through 2025 Florida Statutes

Part of Chapter 825: Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults, Florida Statutes.

Criminal charges under this statute

Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person

Full text of Fla. Stat. § 825.1025

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. § 825.1025Primary source, current through the 2025 Florida Statutes

(1) As used in this section, the term:(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.(b) “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. (2)(a) “Lewd or lascivious battery upon an elderly person or disabled person” occurs when a person encourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.(b) A person who commits lewd or lascivious battery upon an elderly person or disabled person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)(a) “Lewd or lascivious molestation of an elderly person or disabled person” occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.(b) A person who commits lewd or lascivious molestation of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)(a) “Lewd or lascivious exhibition in the presence of an elderly person or disabled person” occurs when a person, in the presence of an elderly person or disabled person:1. Intentionally masturbates;2. Intentionally exposes his or her genitals in a lewd or lascivious manner; or3. Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual contact with the elderly person or disabled person, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity,when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent to having such act committed in his or her presence.(b) A person who commits a lewd or lascivious exhibition in the presence of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.