Florida Statutes
Fla. Stat. § 825.1025 (2025)
Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(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.
(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.
Arrestable Offenses under F.S. 825.1025
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§825.1025(2)SEX ASSLTRENUMBERED. SEE REC # 8725
§825.1025(3)SEX ASSLTRENUMBERED. SEE REC # 8726
§825.1025(4)INDECENT EXPOSURERENUMBERED. SEE REC # 8727
§825.1025(2a)SEX ASSLTLEWD LASCIVIOUS BATT ELDERLY DISABLED PERSON
§825.1025(3a)SEX ASSLTLEWD LASCIVIOUS MOLEST ELDERLY DISABLED PERSON
§825.1025(4a)INDECENT EXPOSURELEWD LASCV EXHIBITION ELDERLY DISABLED PERSON
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 2001–2023 · leading case: Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019).
Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019). “, exposure to radiation, exposure to the elements—might cast a scintilla of doubt on this interpretation but not after considering the other language of section 825.1025 and the -4- language of related statutes.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “11 LEWD OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON § 825.1025, Fla. Stat. To prove the crime of [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an […”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “04(4) and (5), Florida Statutes (2005); Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, section 825.1025, Florida Statutes (2005); Sexual performance by a child, section 827.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). “11 LEWD OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON § 825.1025, Fla. Stat. To prove the crime of [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an…”
Lawson v. State, 51 So. 3d 1287 (Fla. 2d DCA 2011). “02(2), Florida Statutes (2002), a first-degree felony punishable by life; count two, lewd or lascivious battery upon an elderly person in violation of section 825.1025(2), Florida Statutes (2002), a second-degree felony; and count three, abuse of an elderly person in violation…”
Jennings v. State, 920 So. 2d 32 (Fla. 2d DCA 2005). “Michael Jennings was convicted of lewd and lascivious molestation of a disabled person in violation of section 825.1025(3)(a), Florida Statutes (2001).”
Johnson v. State, 795 So. 2d 82 (Fla. 5th DCA 2001). “04; § 825.1025; § 827.071; § 847.0133; 847.0135; § 847.”
Ware v. State, 124 So. 3d 388 (Fla. 1st DCA 2013). “” § 825.1025, Fla. Stat. (2013). . "It is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place…”
In Re Stand. Jury Inst. in Crim. Cases-Report 2007-01, 965 So. 2d 811 (Fla. 2007). “02 reserved] § 825.1025, Fla. Stat. To prove the crime of [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an Elderly Person or Disabled Person, the State must prove the following three elements beyond a…”
Maxwell v. State, 110 So. 3d 958 (Fla. 4th DCA 2013). “102(3) criminalizes “neglect” of an elderly or disabled adult; section 825.1025 is aimed at lewd and lascivious offenses committed in the presence of a disabled or elderly person; and section 825.”
In re Stand. Jury Instructions in Crim. Cases—Report No. 2010-03, 48 So. 3d 41 (Fla. 2010). “To prove the crime of [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an Elderly Person or Disabled Person, the State must prove the following three elements beyond a reasonable doubt: 1.”
In re Stand. Jury Instructions in Crim. Cases-Instruction 11.16(A), 116 So. 3d 1223 (Fla. 2013). “04(4) or (5); section 825.1025(2) or (3); section 827.071(2), (3),’ or (4); or section 847.”
— 825.1025(1) — 3 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “11 LEWD OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON § 825.1025, Fla. Stat. To prove the crime of [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an […”
Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019). “, exposure to radiation, exposure to the elements—might cast a scintilla of doubt on this interpretation but not after considering the other language of section 825.1025 and the -4- language of related statutes.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). “11 LEWD OR LASCIVIOUS OFFENSES COMMITTED UPON OR IN THE PRESENCE OF AN ELDERLY PERSON OR DISABLED PERSON § 825.1025, Fla. Stat. To prove the crime of [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Exhibition] upon or in the Presence of an…”
— 825.1025(2) — 3 cases
Lawson v. State, 51 So. 3d 1287 (Fla. 2d DCA 2011). “02(2), Florida Statutes (2002), a first-degree felony punishable by life; count two, lewd or lascivious battery upon an elderly person in violation of section 825.1025(2), Florida Statutes (2002), a second-degree felony; and count three, abuse of an elderly person in violation…”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “04(4) and (5), Florida Statutes (2005); Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, section 825.1025, Florida Statutes (2005); Sexual performance by a child, section 827.”
In re Stand. Jury Instructions in Crim. Cases-Instruction 11.16(A), 116 So. 3d 1223 (Fla. 2013). “04(4) or (5); section 825.1025(2) or (3); section 827.071(2), (3),’ or (4); or section 847.”
— 825.1025(3) — 1 case
Vinson Kearse v. State of Florida (Fla. 4th DCA 2023).
— 825.1025(3)(a) — 3 cases
Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019). “, exposure to radiation, exposure to the elements—might cast a scintilla of doubt on this interpretation but not after considering the other language of section 825.1025 and the -4- language of related statutes.”
Jennings v. State, 920 So. 2d 32 (Fla. 2d DCA 2005). “Michael Jennings was convicted of lewd and lascivious molestation of a disabled person in violation of section 825.1025(3)(a), Florida Statutes (2001).”
George Summers, Jr. v. State of Florida (Fla. 2d DCA 2019).
— 825.1025(4) — 1 case
Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019). “, exposure to radiation, exposure to the elements—might cast a scintilla of doubt on this interpretation but not after considering the other language of section 825.1025 and the -4- language of related statutes.”
— 825.1025(4)(a) — 2 cases
Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019). “, exposure to radiation, exposure to the elements—might cast a scintilla of doubt on this interpretation but not after considering the other language of section 825.1025 and the -4- language of related statutes.”
Garrett Statler v. State of Florida (Fla. 2022).
— 825.1025(4)(a)(2) — 1 case
Juan Mesen v. State of Florida, 271 So. 3d 164 (Fla. 2d DCA 2019). “, exposure to radiation, exposure to the elements—might cast a scintilla of doubt on this interpretation but not after considering the other language of section 825.1025 and the -4- language of related statutes.”
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