FAQs About Lewd or Lascivious Molestation in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation is one of the state’s four “lewd or lascivious” sex offenses that carry significant criminal penalties. However, the crime of lewd or lascivious molestation is not widely known and is often confused with other sex crimes. 

This article will answer frequently asked questions about lewd or lascivious molestation in Florida (Fla. Stat. 800.04(5)).

#1 – What is lewd or lascivious molestation?

Lewd or lascivious molestation involves a defendant intentionally and unlawfully touching a minor sexually, or “forcing or enticing” a minor to touch them in this manner. For someone to be guilty of lewd or lascivious molestation, the State must prove all of the following elements beyond a reasonable doubt:

• The defendant intentionally touched the breasts, genitals, genital area, buttocks or clothing covering them of the victim without the victim’s consent, or forced or enticed the victim to so touch them in this manner 
• The victim was under 16 years old
• The touching was lewd or lascivious 

#2 – What do “lewd” and “lascivious” mean?

“Lewd” and “lascivious” are defined interchangeably under Florida law. Lewd and lascivious conduct involves “a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act” (Fla. Stat. 800.04(8)).

#3 – Is lewd or lascivious molestation a felony?

Yes, lewd or lascivious molestation is a very serious felony in Florida. The law provides for the following penalties if someone is convicted:

• Victim under 12, defendant 18 or older: A life felony punishable by up to life in prison (mandatory minimum of 25 years) and lifelong sex offender probation
• Victim under 12, defendant under 18: A second-degree felony punishable by up to 15 years in prison and a $10,000 fine
• Victim between 12 and 15, defendant 18 or older: A second-degree felony punishable by up to 15 years in prison and a $10,000 fine
• Victim between 12 and 15, defendant under 18: A third-degree felony punishable by up to 5 years in prison and a $5,000 fine

#4 – Does conviction require someone to register as a sex offender?

Yes, someone convicted of lewd or lascivious molestation in Florida must almost always register as a sex offender. However, there are very narrow exceptions, such as the state’s Romeo and Juliet law. The statute (Fla. Stat. 943.04354) allows someone to petition to avoid the registry if:

• The alleged victim was between the age of 14 and 17 years old at the time of the offense
• The defendant was not over four years older than the victim (1,460 days)
• The alleged victim consented to the sexual activity (not legally, but willingly chose to engage in the activity without the application of force or coercion)
• The defendant has no prior convictions for any sex crimes

Granting a Romeo and Juliet petition is entirely discretionary. This means even if someone is technically eligible to avoid the registry (e.g. they meet all of the above conditions), the judge can still deny this – requiring them to register as a sex offender. 

#5 – Can touching over clothing qualify as lewd or lascivious molestation?

Yes, touching a victim over their clothing can qualify as lewd or lascivious molestation. Unlike other sex offenses that require sexual contact or penetration of the victim at the hands of the defendant, lewd or lascivious molestation allows a conviction even if the touching occurred only over clothing.

#6 – What if the touching was unintentional?

If someone accidentally touches an alleged victim in an area of their body prohibited by the statute, the offense is not committed. This is because the law requires both that the touching have been intentional and have been done with “lewd” or “lascivious” intent. Neither of these conditions are satisfied by an accidental touching.

#7 – Does “enticing” require that the victim actually touch the defendant?

Yes, physical contact must occur between the defendant and the victim for the act to be considered lewd or lascivious molestation. This was recently decided by Florida’s 6th District Court of Appeal in Sylvaince v. State, — So.3d —- (Fla. 6th DCA 2025).

Sylvaince was accused of “enticing” a minor victim to unlawfully touch his genital area. The minor refused to do so, then alerted her mother, who called the police. Sylvaince was charged with and convicted of lewd or lascivious molestation, as he “enticed” the victim to touch him in a manner prohibited by the statute.

On appeal, the 6th DCA reversed his conviction. It interpreted the statute’s language, “forces or entices a person under 16 years of age to so touch the perpetrator,” to require that the touching of the perpetrator actually occurred. This decision has the force of law in Florida under the Pardo principle.

#8 – Is there a mandatory minimum sentence for lewd or lascivious molestation?

For a first-time offender, there is technically no “mandatory minimum” sentence for lewd or lascivious molestation. But if someone is convicted, even for the first time, it is very likely they will be sent to prison. This is because lewd or lascivious molestation is a Level 8 offense (very serious under Florida law).

If someone has been previously convicted of a sex offense in Florida or another jurisdiction, lewd or lascivious molestation carries a 10 year mandatory minimum sentence. 

This was not the case before, but is now under HB 1455 – which takes effect October 1, 2025. The new law creates the harsh mandatory minimum sentence for any designated sexual offender or sexual predator in Florida.

#9 – What triggers the 10-year mandatory minimum sentence?

Prior convictions for any of the following require a 10 year mandatory minimum to be imposed if someone is subsequently convicted of lewd or lascivious molestation:

• Sexual misconduct
• Kidnapping of a minor victim
• False imprisonment of a minor victim 
• Luring or enticing a child
• Human trafficking
• Lewd or lascivious offenses (except if Romeo and Juliet exemption was granted) 
• Sexual battery
• Possession or transmission of child pornography

Someone is also covered by HB 1455 if they were adjudicated delinquent on or after July 1, 2007, for one of the following offenses (and were 14 years old or older at the time): 

• Sexual battery 
• Lewd and lascivious battery with a victim under 12 or sexual activity by force or coercion 
• Lewd and lascivious molestation with a victim under 12, where the court finds molestation involving unclothed genitals 
• Lewd and lascivious molestation with a victim between 12 and 16, where the court finds the use of force or coercion and unclothed genitals, or
• A violation of a similar law of another jurisdiction

#10 – What if the child lied about their age?

Even if the child lied about their age and the defendant believed them, someone may still be found guilty. Mistake of age is not a defense to any sex crime in Florida involving a minor. Even if ignorance of a child’s age was the product of the child’s misrepresentation, this doesn’t legally matter. Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006)

#11 – What are possible defenses to lewd or lascivious molestation charges?

There are many defenses to lewd or lascivious molestation, one or more of which may apply depending on the facts of a given case. These include:

• Lack of lewd/lascivious intent (e.g. picking a child up around their butt with no sexual intent)
• Accidental or incidental touching
• False allegations (possible in child custody disputes, as a product of outside influence, etc.)
• Insufficient evidence (e.g. lack of any corroboration of the incident or other valuable evidence)
• Alibi/mistaken identity (especially potent if no evidence defendant was there at the time and evidence exists to the contrary, such as GPS or phone records)
• Procedural defenses (e.g. moving to suppress a defendant’s post-arrest statements for Miranda violations, moving to suppress unlawfully obtained evidence)

Note: Consent of the victim to the act and mistake of age (even if due to genuine ignorance or the child’s misrepresentation) cannot be used as defenses.

In sum, lewd or lascivious molestation is a serious felony offense in Florida, punishable by up to life in prison in certain cases. It involves unlawful lewd or lascivious touching of a victim under the age of 16, or the defendant forcing or enticing the victim to touch them in a prohibited area for sexual purposes (e.g. genitals, buttocks, etc.).

By understanding the answers to the above FAQs, someone will be much better informed if they or a loved one is ever involved in such a case. If this occurs, 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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