What is lewd and lascivious battery?

Florida's lewd and lascivious offenses form a graduated set — battery, molestation, conduct, and exhibition — distinguished by the nature of the act and the ages involved.

Lewd and lascivious battery generally involves engaging in sexual activity with a person within a defined minor age range, or encouraging or forcing a minor to engage in prohibited activity. It's a serious felony carrying registration.

Two things worth understanding about how these are charged.

Consent is not a defense where the age element is met. Florida law does not recognize a minor's agreement as a defense to these offenses.

Ignorance of age is generally not a defense either. Florida's structure does not typically permit a defendant to claim they believed the person was older, which surprises people and is one of the harshest features of this area.

Where defense work happens: the accuracy of the age allegations, the reliability and consistency of the account, forensic and medical evidence where it exists, and the circumstances in which the allegation arose.