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The 2024 Florida Statutes
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F.S. 800.04800.04 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); 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); 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.
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Arrestable Offenses / Crimes under Fla. Stat. 800.04
Level: DegreeMisdemeanor/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
Court: District Court of Appeal of Florida | Date Filed: 2024-12-11
Snippet: 05; former s. 796.03; former s.
796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s.
827.071;
Court: District Court of Appeal of Florida | Date Filed: 2024-11-13
Snippet: lascivious exhibition—violations of
sections 800.04(5)(b) and 800.04(7)(b), Florida Statutes (2019),
respectively
Court: District Court of Appeal of Florida | Date Filed: 2024-10-02
Snippet: molestation under section 800.04(5), Florida Statutes (2019),
because section 800.04(5) prohibits defendant
Court: District Court of Appeal of Florida | Date Filed: 2024-09-27
Snippet: his convictions for three
violations of section 800.04(5)(b), Florida Statutes, and his
sentence to life
Court: District Court of Appeal of Florida | Date Filed: 2024-09-11
Snippet: or buttocks, or the
clothing covering them.” § 800.04(5)(a), Fla. Stat. (2020). White
claims the State
Court: District Court of Appeal of Florida | Date Filed: 2024-08-21
Snippet: lascivious
exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes
(2022), and five counts
Court: District Court of Appeal of Florida | Date Filed: 2024-08-21
Snippet: lascivious
exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes
(2022), and five counts
Court: District Court of Appeal of Florida | Date Filed: 2024-08-21
Snippet: lascivious
exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes
(2022), and five counts
Court: District Court of Appeal of Florida | Date Filed: 2024-08-21
Snippet: lascivious
exhibition, in violation of section 800.04(7)(a), (b), Florida Statutes
(2022), and five counts
Court: District Court of Appeal of Florida | Date Filed: 2024-08-16
Snippet: , appeals his conviction for violating
section 800.04(5)(b), Florida Statutes (2021), and the trial court’s
Court: District Court of Appeal of Florida | Date Filed: 2024-08-09
Snippet: that Chavez was convicted of violating
section 800.04(4)(a)1., Florida Statutes. Lastly, as Chavez was
Court: District Court of Appeal of Florida | Date Filed: 2024-08-07
Snippet: (2020);
§ 794.011(2)(a), Fla. Stat. (2020); § 800.04(5)(b), Fla. Stat. (2020). We
have jurisdiction
Court: District Court of Appeal of Florida | Date Filed: 2024-06-05
Snippet: prison. See
2
§§ 800.04(5)(c)2., 775.082(3)(d), Fla. Stat. Counts 3 and
Court: District Court of Appeal of Florida | Date Filed: 2024-04-12
Snippet: touching of his penis, in violation of section 800.04(5)(b),
Florida Statutes.
Precipitating the
Court: District Court of Appeal of Florida | Date Filed: 2024-04-05
Snippet: prosecution under s.
787.06, s. 794.011, or s. 800.04."). The trial court agreed, ruling that
the
Court: District Court of Appeal of Florida | Date Filed: 2024-03-20
Snippet: than 12 but less than 16, in violation
of section 800.04(5)(c)(2), Florida Statutes.
The State called
Court: District Court of Appeal of Florida | Date Filed: 2024-01-31
Snippet: lewd or
lascivious conduct in violation of section 800.04(6), Florida
Statutes; and attempted lewd or lascivious
Court: District Court of Appeal of Florida | Date Filed: 2024-01-26
Snippet: 05;
former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
s. 825.1025; s. 827.071;
Court: District Court of Appeal of Florida | Date Filed: 2024-01-24
Snippet: JJ.
PER CURIAM.
Affirmed. Compare § 800.04(4)(a)(1), Fla. Stat. (2018) (“A person
commits
Court: District Court of Appeal of Florida | Date Filed: 2023-12-20
Snippet: under the age of
twelve in violation of section 800.04(5)(b), Florida Statutes (2020), a life
felony.
