Pumphrey Law Blog

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious conduct (Fla. Stat. 800.04(6)) and lewd or lascivious exhibition (Fla. Stat. 800.04(7)) are both serious felony offenses. Though these may seem indistinguishable at first glance, lewd and lascivious exhibition and lewd or lascivious conduct are distinct offenses under Florida law. Note: Lewd and lascivious acts involve “a wicked, lustful, unchaste, licentious, or sensual intent on …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation (Fla. Stat. Section 800.04(5)) and lewd or lascivious battery (800.04(4)) are both very serious felony sexual offenses. Each of these crimes involve illegal sexual activity with a minor. However, there are key differences between them. This article will discuss the elements of lewd or lascivious molestation and lewd or lascivious battery, as well as …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida, transmission of material harmful to minors (Fla. Stat. Section 847.0138) and online solicitation of a minor (Fla. Stat. Section 847.0135(3)) are both serious third-degree felonies that may be easily confused with one another. A minor under these statutes is defined as a person under the age of 18. However, these are distinct crimes which may be charged separately …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, two types of felony sexual solicitation charges are often brought: online solicitation of a minor (Fla. Stat. Section 847.0135) and solicitation of a minor to engage in lewd or lascivious conduct (Fla. Stat. Section 800.04(6)(a)(2)).  Being found guilty of soliciting a minor under either of these statutes can lead to years in prison, even if no sexual act …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious exhibition is a very serious criminal offense. Under Fla. Stat. Section 800.04(7), lewd or lascivious exhibition is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine) if the defendant is an adult, and a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) if …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious battery (Fla. Stat. Section 800.04(4)) is a very serious felony that is distinct from sexual battery. Lewd and lascivious battery is “statutory rape,” criminalizing sexual activity between an adult defendant and a 12 to 15 year old minor that does not involve the sort of force or coercion associated with sexual battery charges (Fla. Stat. …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious conduct (Fla. Stat. Section 800.04(6)) is a very serious felony offense. Lewd or lascivious conduct occurs when someone engages in deliberate, nonpenetrative touching of a victim under the age of 16 with a sexual intent or solicits a child under 16 to engage in lewd or lascivious conduct.  If someone is charged with lewd or …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery by someone in familial or custodial authority on a minor is an extremely serious felony offense (Florida Statutes Section 794.011(8)(b)). If a family member or someone in custodial authority commits sexual battery on a minor under the age of 12, this is a capital felony punishable by the death penalty under Florida law. If the minor …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation (Fla. Stat. Section 800.04(5)) is a very serious felony offense that is charged when a victim is less than 16 years of age. Though lewd or lascivious molestation is always a felony in Florida, the severity of the criminal penalties depends on the age of the victim and the defendant: If the victim is …