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Florida Statute 800.04 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 800
LEWDNESS; INDECENT EXPOSURE
View Entire Chapter
F.S. 800.04
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.—
(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; or
2. 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); or
7. 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; or
2. 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 age

commits 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); or
7. 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; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act

commits 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; or
3. 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 activity

in 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.
History.—s. 1, ch. 21974, 1943; s. 1, ch. 26580, 1951; s. 780, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 40, ch. 75-298; s. 291, ch. 79-400; s. 5, ch. 84-86; s. 1, ch. 90-120; s. 5, ch. 93-4; s. 6, ch. 99-201; s. 1, ch. 2000-246; s. 5, ch. 2005-28; s. 3, ch. 2008-172; s. 3, ch. 2008-182; s. 6, ch. 2014-4; s. 7, ch. 2022-165.

F.S. 800.04 on Google Scholar

F.S. 800.04 on Casetext

Amendments to 800.04


Arrestable Offenses / Crimes under Fla. Stat. 800.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S800.04 - SEX OFFENSE-AGAINST CHILD-FONDLING - ERROR-DEGREE NOT SAME FOR ENTIRE SECTION - F: S
S800.04 4a - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7699 - F: S
S800.04 4a1 - LEWD LASCV BEHAVIOR - LEWD OR LASCIVIOUS BATTERY VICTIM AGE 12 TO 16 - F: S
S800.04 4a1 - LEWD LASCV BEHAVIOR - LEWD LASCV BATTERY VIC AGE 12 TO 16 PREV CONV - F: F
S800.04 4a2 - LEWD LASCV BEHAVIOR - LL BATT PROMOTE SEX ACT VIC LT 16 PREV CONV - F: F
S800.04 4a2 - LEWD LASCV BEHAVIOR - PROMOTE SEXUAL ACTIVITY VICTIM LESS THAN 16 - F: S
S800.04 4b - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 7691 - F: S
S800.04 4c1 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PREV CONV KIDNP MINOR SEXBAT LEWD - F: F
S800.04 4c1 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON FALS IMPRISN MINOR SEXBAT - F: F
S800.04 4c2 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON KIDNP MINOR SEX BAT CHILD - F: F
S800.04 4c2 - LEWD LASCV BEHAVIOR - LL BAT 18YGT PRE CON KIDNP MINOR LL BAT MOLEST - F: F
S800.04 4c3 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON FALS IMP MINOR SEXBAT CHLD - F: F
S800.04 4c3 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON FALS IMP MINR LL BAT MOLST - F: F
S800.04 4c4 - LEWD LASCV BEHAVIOR - LL BATTERY 18YGT PREV CONV SEXUAL BATT CHP 794 - F: F
S800.04 4c5 - LEWD LASCV BEHAVIOR - LLBATT 18YGT PRE CON LL BATTERY ELDER DISABLED - F: F
S800.04 4c6 - LEWD LASCV BEHAVIOR - LLBAT 18YGT PRE CON COMPUTER SEX ACT VIC LT16Y - F: F
S800.04 5b - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 4009 - F: F
S800.04 5b - LEWD LASCV BEHAVIOR - MOLEST VIC LESS 12YOA OFFENDER 18 YOA OR OLDER - F: L
S800.04 5c1 - LEWD LASCV BEHAVIOR - MOLEST VIC LT 12 YOA OFF LT 18 YOA - F: S
S800.04 5c2 - LEWD LASCV BEHAVIOR - MOLEST VIC 12 YOA LT 16 YOA OFF 18 YOA OLDER - F: S
S800.04 5d - LEWD LASCV BEHAVIOR - MOLEST CHILD 12YOA UP TO 16YOA BY LESS 18YOA - F: T
S800.04 5e - LEWD LASCV BEHAVIOR - MOLEST VIC 12 YOA LT 16 YOA OFF 18Y OLDER SUBS - F: F
S800.04 6a - LEWD LASCV BEHAVIOR - REMOVED - F: T
S800.04 6a - LEWD LASCV BEHAVIOR - REMOVED - F: S
S800.04 6b - LEWD LASCV BEHAVIOR - CONDUCT BY PERSON 18YOA OR OLDER - F: S
S800.04 6c - LEWD LASCV BEHAVIOR - CONDUCT BY PERSON LESS THAN 18 YOA - F: T
S800.04 7a - LEWD LASCV BEHAVIOR - REMOVED - F: T
S800.04 7a - LEWD LASCV BEHAVIOR - REMOVED - F: S
S800.04 7b - LEWD LASCV BEHAVIOR - EXHIBITION OFF 18 YOA OLDER VICTIM LESS 16 YOA - F: S
S800.04 7c - LEWD LASCV BEHAVIOR - EXHIBITION OFF LESS 18 YOA VICTIM LESS 16 YOA - F: T
S800.04 7c - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6528 - F: S
S800.04 7c - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6530 - F: S
S800.04 7d - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6529 - F: T
S800.04 7d - LEWD LASCV BEHAVIOR - RENUMBERED. SEE REC # 6531 - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 800.04

Total Results: 20

Paul T. McCaw v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: molestation under section 800.04(5), Florida Statutes (2019), because section 800.04(5) prohibits defendant… molestation. § 800.04(5)(a), Fla. Stat. “Thus, a person can violate [section 800.04(5)] in two separate…him with lewd or lascivious battery under section 800.04(4), Florida Statutes (2019), for the alleged conduct…theory is inapplicable to this case because section 800.04(5)(a), Florida Statutes (2019), specifically uses…asserts that under the plain language of section 800.04(5) and section 777.011, the victims could not be

Juan Jose Rodriguez v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-27T00:00:00-07:00

Snippet: his convictions for three violations of section 800.04(5)(b), Florida Statutes, and his sentence to life…term-of-years sentence for the conviction under section 800.04(5)(b), remand is appropriate for the ministerial

White v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: or buttocks, or the clothing covering them.” § 800.04(5)(a), Fla. Stat. (2020). White claims the State… it.” We disagree. The version of section 800.04 in effect on the date that White committed the … not define “genital area” or “genitals.” See § 800.04, Fla. Stat. (2020). Even so, the question is whether

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: person,” except in section 800.04(4)(a)2., which refers to “any person.” § 800.04, Fla. Stat. …victim in section 800.04(7) and location in section 800.03(1) –, and section 800.04(7) prohibits a wider… this section.” § 800.04(2), (3), Fla. Stat. The apparent purpose of section 800.04 is to protect children… lascivious exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes (2022), and five counts…also Rubio, 967 So. 2d at 777–78. Section 800.04, Florida Statutes (2022), titled “Lewd or lascivious

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: person,” except in section 800.04(4)(a)2., which refers to “any person.” § 800.04, Fla. Stat. …victim in section 800.04(7) and location in section 800.03(1) –, and section 800.04(7) prohibits a wider… this section.” § 800.04(2), (3), Fla. Stat. The apparent purpose of section 800.04 is to protect children… lascivious exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes (2022), and five counts…also Rubio, 967 So. 2d at 777–78. Section 800.04, Florida Statutes (2022), titled “Lewd or lascivious

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: person,” except in section 800.04(4)(a)2., which refers to “any person.” § 800.04, Fla. Stat. …victim in section 800.04(7) and location in section 800.03(1) –, and section 800.04(7) prohibits a wider… this section.” § 800.04(2), (3), Fla. Stat. The apparent purpose of section 800.04 is to protect children… lascivious exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes (2022), and five counts…also Rubio, 967 So. 2d at 777–78. Section 800.04, Florida Statutes (2022), titled “Lewd or lascivious

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: person,” except in section 800.04(4)(a)2., which refers to “any person.” § 800.04, Fla. Stat. …victim in section 800.04(7) and location in section 800.03(1) –, and section 800.04(7) prohibits a wider… this section.” § 800.04(2), (3), Fla. Stat. The apparent purpose of section 800.04 is to protect children… lascivious exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes (2022), and five counts…also Rubio, 967 So. 2d at 777–78. Section 800.04, Florida Statutes (2022), titled “Lewd or lascivious

Robert H. Cole, Jr. v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-16T00:00:00-07:00

Snippet: ., appeals his conviction for violating section 800.04(5)(b), Florida Statutes (2021), and the trial court…term-of-years sentence for the conviction under section 800.04(5)(b), remand is appropriate for the ministerial

EXCER LOPEZ CHAVEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-09T00:00:00-07:00

Snippet: that Chavez was convicted of violating section 800.04(4)(a)1., Florida Statutes. Lastly, as Chavez was

SERRANO-DELGADO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: . (2020); § 794.011(2)(a), Fla. Stat. (2020); § 800.04(5)(b), Fla. Stat. (2020). We have jurisdiction.…under the age of twelve. See § 794.011(2)(a); § 800.04(5)(b). The offenses occurred between March 1, 2020…required for the charged crimes. See §§ 794.011(2)(a); 800.04(5)(b); 913.10, Florida Statutes (2020); State v

Ronald Stuyvesant Boyd v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: prison. See 2 §§ 800.04(5)(c)2., 775.082(3)(d), Fla. Stat. Counts 3 and…lascivious molestation under subsection (5) of section 800.04, the scoresheet lists lewd or lascivious conduct

STATE OF FLORIDA v. MARCUS NATHAN JACKSON

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-12T00:00:00-07:00

Snippet: touching of his penis, in violation of section 800.04(5)(b), Florida Statutes. Precipitating the…referred to his daughter touching his penis. See § 800.04(5)(a) (providing that "lewd or lascivious

ANDREW JAMES LYDECKER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-05T00:00:00-07:00

Snippet: prosecution under s. 787.06, s. 794.011, or s. 800.04."). The trial court agreed, ruling that the

David Edward Johnson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-20T00:00:00-07:00

Snippet: than 12 but less than 16, in violation of section 800.04(5)(c)(2), Florida Statutes. The State called

Marquice Emanule Nolan v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: lewd or lascivious conduct in violation of section 800.04(6), Florida Statutes; and attempted lewd or lascivious…lascivious battery in violation of section 800.04(4), Florida Statutes. The trial court denied the motion

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-26T00:00:00-08:00

Snippet: ; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; …sanction" for his conviction under section 800.04 consists of fifteen years' prison and a $10,000…amendment to the pertinent criminal statute, section 800.04, Florida Statutes (1983), that occurred shortly

Joseph Michel v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-24T00:00:00-08:00

Snippet: JJ. PER CURIAM. Affirmed. Compare § 800.04(4)(a)(1), Fla. Stat. (2018) (“A person commits…or older but less than 16 years of age”) and § 800.04(1)(d), Fla. Stat. (2018) (defining “sexual activity…penetration of another by any other object”); with § 800.04(5)(a), Fla. Stat. (2018) (“A person who intentionally

LUIS MORALES-ALAFFITA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: under the age of twelve in violation of section 800.04(5)(b), Florida Statutes (2020), a life felony.

State of Florida v. Christopher Russell Hubbs

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-06T00:00:00-08:00

Snippet: lewd” for purposes of section 827.071 (and section 800.04, Florida Statutes (2019)), if the conduct in using

Joshua Terrel Brown v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: was subject to only one conviction under section 800.04(3), Florida Statutes (1987). Id. at 672. However…number of allowable convictions under subsection 800.04(3); rather, the number of distinct lewd acts should