FAQs About Lewd or Lascivious Conduct in Florida

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Lewd or lascivious conduct is a serious felony in Florida that involves unlawful sexual touching or sexual solicitation of a minor under the age of 16.

In Florida, lewd or lascivious conduct (Fla. Stat. 800.04(6)) is a very serious offense. However, it is often confused with other lewd or lascivious crimes, and many do not know about it all. This blog will answer frequently asked questions about lewd or lascivious conduct.

#1 – What is lewd or lascivious conduct?

Lewd or lascivious conduct is one of Florida’s “lewd or lascivious” acts covered by Fla. Stat. 800.04. It occurs when the defendant intentionally touches a victim under 16 years old in a lewd or lascivious manner, or solicits a victim under 16 to commit a lewd or lascivious act.

#2 – What must the State prove to convict someone of lewd or lascivious conduct?

There are two types of lewd or lascivious conduct – lewd or lascivious conduct by touching (800.04(6)(a)(1)), and lewd or lascivious conduct by solicitation (800.04(6)(a)(2)). 

For lewd or lascivious conduct by touching to be proven, the State must establish all of the following occurred beyond a reasonable doubt:

• The defendant intentionally touched the victim
• The touching was done in a lewd or lascivious manner
• The victim was under 16 years old
• The defendant was not legally married to the victim

For lewd or lascivious conduct by solicitation to be proven, the State must establish all of the following beyond a reasonable doubt:

• The defendant solicited the victim to commit a lewd or lascivious act
• The solicitation was intentional and for a sexual purpose
• The victim was under 16 years old
• The defendant was not legally married to the victim

#3 – Is lewd or lascivious conduct a felony?

Yes, lewd or lascivious conduct (of both forms) is a felony. It is punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine. If the defendant is under 18, lewd or lascivious conduct is a third-degree felony (up to 5 years in prison and a $5,000 fine).

#4 – How is solicitation defined by the statute?

“Solicitation” is not specifically defined by Fla. Stat. 800.04(6). However, Florida’s courts have held that  “solicit” means to command, encourage, hire, or request another person to engage in specific conduct, “to entice or lure especially into evil” and “to proposition (someone) especially as or in the character of a prostitute.” Grohs v. State, 944 So.2d 450 (Fla. 4th DCA 2006) 

For someone to be guilty of lewd or lascivious conduct by solicitation (800.04(6)(a)(2)), they must specifically solicit a child under 16 to engage in an unlawful sex act that is considered lewd or lascivious under Florida law. Innuendo is insufficient.

#5 – What do “lewd” and “lascivious” mean in the statute?

“Lewd” and “lascivious” are interchangeable terms, both describing acts that are wicked, unchaste and sensual in intent. Some courts have defined “lewd” and “lascivious” as “referring to unlawful indulgence in lust, eager for sexual indulgence.” M.L.C. v. State, 875 So. 2d 810 (Fla. 2d. DCA 2004)

A lewd or lascivious act is distinguished from other sex acts under Florida law because lewd or lascivious acts have an unlawful component – the victim is a minor (unable to legally consent).

#6 – Does physical contact have to occur?

For lewd or lascivious conduct by touching, an actual physical contact must occur. If someone is accused of lewd or lascivious conduct by solicitation, physical touching does not have to occur – the solicitation itself violates the statute.

If the solicitation results in sex or sexual conduct, there may be additional charges – such as lewd or lascivious battery, lewd or lascivious molestation, or sexual battery. For more information on these offenses, click here.

#7 – Will someone have to register as a sex offender if convicted?

Yes, someone convicted of lewd or lascivious conduct is required to register as a sex offender in Florida. For more information on sexual offender and sexual predator designations in Florida, click here.

#8 – What about the “Romeo and Juliet” law?

In very rare cases, if lewd or lascivious conduct is invited by the alleged victim and the following conditions are met, someone may be eligible to avoid the registry:

• The defendant and the victim are less than 1,460 days (4 years) apart in age
• The victim was between 14 and 17 years old at the time of the offense (either 14 or 15 if lewd or lascivious conduct, as 16 or older is not covered)
• The alleged victim consented to the activity (not legally, but willingly and voluntarily participated)
• The defendant is not in a position of familial or custodial authority to the victim
• The defendant has no prior convictions for any sex crimes

If one or more of these conditions are not met, someone is ineligible to avoid the sex offender registry if found guilty. And even if every condition is met, a judge has total discretion to deny a Romeo and Juliet petition (Fla. Stat. 943.04354).

Importantly, Romeo and Juliet is not a legal defense to the crime – it simply is a way to avoid mandatory sex offender registration in certain cases that meet the above criteria. For more on Florida’s Romeo and Juliet law, click here.

#9 – What are some examples (and non-examples) of lewd or lascivious conduct?

Examples of lewd or lascivious conduct (if the victim is under the age of 16) may include:

• Deliberately groping the victim with sexual intent (touching)
• Fondling the genitals of the victim outside of their clothing with sexual intent (touching)
• Asking the victim to perform a sex act intentionally and with the intent that it occur (solicitation)

Examples that would fall short of lewd or lascivious conduct include:

• An adult picks up a child and wraps their arms around the child’s buttocks for support, not a sexual purpose
• Basic rough and tumble play between siblings or friends that incidentally results in someone touching the genital area or buttocks of a minor 
• A caregiver changing a child’s diaper and incidentally touching the child’s buttocks in the process
• Making a sexually-charged joke in the presence of a child, without actually asking or requesting anything sexual occur

#10 – How does this compare to other lewd or lascivious offenses?

Lewd or lascivious conduct is distinct from lewd or lascivious battery (800.04(4)), as lewd or lascivious conduct does not require vaginal, anal, or oral penetration or contact with the victim. It only requires a touching or solicitation to occur that is lewd or lascivious – not intercourse.

Moreover, lewd or lascivious battery charges are limited to when the victim is between 12 and 15 years old. Lewd and lascivious conduct may involve any victim under 16.

Lewd and lascivious conduct is distinct from lewd or lascivious molestation because molestation requires a lewd touching of the breasts, genitals, genital area or buttocks of the victim (or of the clothing covering them). Lewd and lascivious conduct by touching can occur anywhere on the body, and solicitation does not require physical contact at all.

For more on lewd battery and molestation, click here. For a comparison between lewd and lascivious exhibition (800.04(7)) and lewd or lascivious conduct, click here.

#11 – How does lewd or lascivious conduct by solicitation compare to online solicitation of a minor?

Online solicitation of a minor (Fla. Stat. 847.0135(3)) involves solicitation of a minor to engage in sexual activity through the use of a digital device (e.g. phone, computer). Lewd or lascivious conduct by solicitation typically involves a direct, in-person request or demand for a particular sex act.

Online solicitation occurs any time the alleged victim is under 18 years old. By contrast, lewd or lascivious conduct by solicitation only applies if the alleged victim was under 16 years old.

Unlike lewd or lascivious conduct, online solicitation does not require the request of a particular sex act. Even an indirect request or sexually charged conversation can lead to solicitation charges if the overarching goal was to “solicit, seduce, lure or entice” the minor or person believed to be a minor into sexual activity.

Finally, online solicitation is a third-degree felony, whereas lewd and lascivious conduct by solicitation is a second-degree felony. For more regarding online solicitation of a minor, click here.

#12 – What defenses are available if someone is charged?

There are many defenses available if someone is charged with lewd or lascivious conduct. These include:

• Age-related defenses (e.g. the victim was 16 or older)
• Lack of lewd or lascivious intent behind the touching or “solicitation”
• False allegations (influenced by bias, divorce/custody disputes, revenge, manipulation or mistake)
• Insufficient evidence (no corroboration of the allegation)
• Alibi/mistaken identity (especially potent if the defendant and victim did/do not know each other and there is no evidence the defendant was present)
• Procedural defenses (e.g. motions to suppress evidence, post-arrest statements, or motions to dismiss)

In sum, lewd or lascivious conduct is a serious sex offense in Florida that can occur either via “touching” (800.04(6)(a)(1)) or “solicitation” (800.04(6)(a)(2)). By reading the above FAQs, someone will be much better informed if they or a loved one ever are facing such a charge.

In the event someone is charged with a lewd or lascivious offense, it is vital to seek out aggressive and experienced legal counsel as soon as possible. The attorneys at Pumphrey Law have decades of experience fighting to win for clients across Florida.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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