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Criminal charges for “lewd or lascivious exhibition” using a computer service are charged under Section 847.0135(5), F.S. The crime involves committing a lewd sexual act over a local bulletin board service, an internet service or a computer on-line service.
For this serious criminal offenses, neither victim’s lack of chastity nor the victim’s consent is a defense to the crime charged. Likewise, the defendant’s ignorance of the victim’s age is not a defense to the crime charged even if the victim’s misrepresentation his or her age or the defendant has a bona fide belief of the victim’s age.
Under Florida law, the words “lewd and lascivious” mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act. Many of these cases involve an undercover operative or law enforcement officer was involved in the detection and investigation of the sex crime. The fact at a decoy was used for the sting operation is not a defense to the crime charged.
Attorney for Computer Lewd or Lascivious in Tallahassee, FL
If you were charged with Lewd or Lascivious with a Computer under Section 847.0135(5), F.S., then contact an experienced criminal defense attorney in Tallahassee, FL, at Pumphrey Law. Attorney Don Pumphrey represents clients charged with a variety of serious sex crimes in Tallahassee and throughout Leon County, FL.
Elements of Lewd or Lascivious with a Computer – Section 847.0135(5)
The elements of the crime must be proven beyond all reasonable doubt during a trial for the crime of Lewd or Lascivious Exhibition over a Computer Online Service, including:
The Defendant committed one of the following acts that did not involve actual physical or sexual contact with the victim:
intentionally exposed his or her genitals in a lewd or lascivious manner;
committed a sexual act, sadomasochistic abuse, sexual bestiality or simulation of any act involving sexual activity;
The act was committed live over a computer on-line service, an internet service, or a local bulletin board service; and
At the time of the offense, the victim was either:
under the age of 16 years; or
the Defendant knew, should have known or had reason to believe that the transmission was viewed on a computer or television monitor by a victim in this state who was under the age of 16 years at the time of the offense.
The penalties for the offense are determined by whether the was 18 years of age or older at the time of the offense or was less than 18 years of age at the time of the offense.
As explained in the standard jury instruction for Lewd or Lascivious Exhibition over a Computer Service in violation of Florida Statute § 847.0135(5), each element of the offense must be proven at trial beyond all reasonable doubt.
The jury instructions for lewd or lascivious exhibition over a computer were originally adopted in 2008. The jury instruction for this serious offense are found in Chapter 11.10(f). The standard jury instructions for this criminal charge were last amended in 2015.
Definitions for Computer Lewd or Lascivious
Under §800.04(1)(a), Fla. Stat., the term “sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. The definition of “an object” includes a finger.
Under Florida Statute §847.001(15), Fla. Stat., the term “sexual bestiality” is defined to mean any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.
Under Florida Statute §847.001(13), Fla. Stat., the term “sadomasochistic abuse” is defined as flagellation or torture by or upon a person or animal, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.
Lesser included offenses include lewd or lascivious exhibition over computer service by a defendant 18 years of age or older under Florida Statute Section 847.0135(5)(b) or 847.0135(5)(c).
This article was last updated on Friday, May 28, 2017.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.