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Originally posted by HKCavalier:
And what the hell is "lewd battery?"

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Lewd or Lascivious Battery, which is more commonly known as statutory rape, criminalizes consensual sexual intercourse with a child older than 12, but younger than 16.

If accused of Lewd or Lascivious Battery, you want to know the:
•Definition of Lewd or Lascivious Battery
•Penalties for Lewd or Lascivious Battery
•Defenses to Lewd or Lascivious Battery?Prohibited Defenses


Definition of Lewd or Lascivious Battery

In Florida, the crime of Lewd or Lascivious Battery [1] is defined as:
•Sexual activity with a child older than 12, but younger than 16;
OR
•Encouraging, forcing, or enticing a child older than 12, but younger than 16 to engage in: ?Sadomasochistic Abuse,
?Sexual Bestiality,
?Prostitution, or
?Any other act involving sexual activity.


Penalties for Lewd or Lascivious Battery

Lewd and Lascivious Battery is classified as a Second Degree Felony and is assigned a Level 8 offense severity ranking under Florida's Criminal Punishment Code.

As a result, a first time offender charged with Lewd and Lascivious Battery would be facing:
•A maximum sentence of fifteen (15) years in prison, and
•A minimum sentence of seven and one-half (7½) years in prison.

Mitigating Circumstances

Under certain circumstances, the court can deviate from the minimum prison sentence required under Florida's sentencing guidelines if it can be shown:
•The child was an initiator, willing participant, aggressor, or provoker of the incident;
•The defendant requires specialized treatment for a mental disorder (unrelated to substance abuse or addiction) and is amenable to treatment; or
•The defendant is to be sentenced as a youthful offender before the defendant's 21st birthday.

Civil Consequences

Additionally, if a person is convicted of Lewd or Lascivious Battery, they would not only be placed on sex offender probation, but also be declared a sexual offender.

As a result, they would be required to comply with sexual offender registration laws throughout Florida and the United States for the remainder of their lives.

Romeo and Juliet Exception

In 2007, Florida enacted what is commonly referred to as the "Romeo and Juliet" law.

This law allows certain individuals to petition the court to be excluded from the sex offender registry. However, you can only petition for exclusion if the facts of your crime meet very specific eligibility requirements.

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