Under F.S. 800.04(5), Florida law makes it a crime to have consensual sexual interaction with a child younger than 16. The crime occurs when a person intentionally touches the breast, genitals or buttocks of a child under the age of 16 in a manner that is lewd or lascivious; or when an offender encourages, entices or forces a child younger than 16 to touch another person in a lewd or lascivious manner.
Like all sex crimes, lewd molestation carries significant social stigma and severe legal consequences. It is critical to contact an experienced West Palm Beach criminal defense attorney as early as possible in such cases. These types of charges can be accompanied by other serious allegations, such as
child pornography, further complicating the defense. Additionally, a
violation of probation can make it even more challenging to defend against molestation charges.
Sexual assault cases, like molestation, also come with significant penalties, underscoring the need for strong legal representation.
Lewd and lascivious molestation is a strict liability crime under Florida law. This eliminates several otherwise common defenses, including that the age of a child was unknown, therefore the crime was unintentional, and/or that the child consented to the sexual act.