Florida Statute 825.1025 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

View Entire Chapter

F.S. 825.1025

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

(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; or

3. 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.

History.—s. 4, ch. 96-322; s. 1, ch. 2002-159; s. 8, ch. 2022-165.

F.S. 825.1025 on Google Scholar

F.S. 825.1025 on CourtListener

Amendments to 825.1025

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 825.1025

Level: Degree
Misdemeanor/Felony: First/Second/Third

S825.1025 2 - SEX ASSLT - RENUMBERED. SEE REC # 8725 - F: S

S825.1025 2a - SEX ASSLT - LEWD LASCIVIOUS BATT ELDERLY DISABLED PERSON - F: S

S825.1025 3 - SEX ASSLT - RENUMBERED. SEE REC # 8726 - F: T

S825.1025 3a - SEX ASSLT - LEWD LASCIVIOUS MOLEST ELDERLY DISABLED PERSON - F: T

S825.1025 4 - INDECENT EXPOSURE - RENUMBERED. SEE REC # 8727 - F: T

S825.1025 4a - INDECENT EXPOSURE - LEWD LASCV EXHIBITION ELDERLY DISABLED PERSON - F: T

Cases Citing Statute 825.1025

Total Results: 16

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

instruction 3.3(f). Second, for purposes of section 825.1025, Florida Statutes (2006), Lewd or lascivious

Jennings v. State

920 So. 2d 32, 2005 WL 3077254

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1440747

Cited 4 times | Published

molestation of a disabled person in violation of section 825.1025(3)(a), Florida Statutes (2001). *33 He contends

JUAN MESEN v. STATE OF FLORIDA

271 So. 3d 164

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048694

Cited 2 times | Published

elderly or disabled person, in violation of section 825.1025(4)(a). Notably, Mr. Mesen was not charged

Johnson v. State

795 So. 2d 82

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1673176

Cited 2 times | Published

jurisdiction: § 787.025; chapter 794; § 796.03; § 800.04; § 825.1025; § 827.071; § 847.0133; 847.0135; § 847.0145;

Ware v. State

124 So. 3d 388, 2013 WL 5744445, 2013 Fla. App. LEXIS 16900

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235471

Cited 1 times | Published

having such act committed in his or her presence.” § 825.1025, Fla. Stat. (2013). . "It is unlawful to expose

Maxwell v. State

110 So. 3d 958, 2013 WL 1136416, 2013 Fla. App. LEXIS 4418

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230529

Cited 1 times | Published

“neglect” of an elderly or disabled adult; section 825.1025 is aimed at lewd and lascivious offenses committed

Lawson v. State

51 So. 3d 1287, 2011 Fla. App. LEXIS 1069, 2011 WL 340594

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 60297541

Cited 1 times | Published

battery upon an elderly person in violation of section 825.1025(2), Florida Statutes (2002), a second-degree

VINSON KEARSE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657804

Published

molestation upon a disabled adult in violation of section 825.1025(3). We remand to the trial court for the limited

Garrett Statler v. State of Florida

Supreme Court of Florida | Filed: Oct 13, 2022 | Docket: 65420647

Published

treatment of other sexual crimes is also telling. Section 825.1025, Florida Statutes (2021), for example, criminalizes

GEORGE SUMMERS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037354

Published

lascivious molestation of a disabled person under section 825.1025(3)(a), Florida Statutes (2017). We affirm

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

a violation of [§ 800.04(7)(a), § 800.09, or § 825.1025, as applicable], Fla. Stat." Turning to

Carlos J. Acevedo v. State of Florida

218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849

Published

(4), (5), or (8); section 800.04(4) or (5); section 825.1025(2) or (3); section 827.071(2), (3), or (4);

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648

Published

OF AN ELDERLY PERSON OR DISABLED PERSON § 825.1025, Fla. Stat. To prove the crime of [Lewd

In re Standard Jury Instructions in Criminal Cases-Instruction 11.16(A)

116 So. 3d 1223, 2013 Fla. LEXIS 1931, 2013 WL 3064823

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232302

Published

(4), (5), or (8); section 800.04(4) or (5); section 825.1025(2) or (3); section 827.071(2), (3),’ or (4);

In re Standard Jury Instructions in Criminal Cases—Report No. 2010-03

48 So. 3d 41, 35 Fla. L. Weekly Supp. 559, 2010 Fla. LEXIS 1641, 35 Fla. L. Weekly Fed. S 559

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 60296604

Published

PRESENCE OF ANELDERLY PERSON OR DISABLED PERSON § 825.1025, Fla. Stat. To prove the crime of [Lewd or Lascivious

Caldwell v. State

914 So. 2d 1069, 2005 Fla. App. LEXIS 18825, 2005 WL 3179887

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840960

Published

lascivious act on an elderly person pursuant to section 825.1025, Florida Statutes (2004). However, the court