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Florida Statute 825.1025 | Lawyer Caselaw & Research
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F.S. 825.1025 Case Law from Google Scholar Google Search for Amendments to 825.1025

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
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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 Casetext

Amendments to 825.1025


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



Annotations, Discussions, Cases:

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