Tuesday, November 25, 2014

What's the Difference between Lewd & Lascivious Conduct & Exhibition? / Florida Statute 800.04 / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     What's the difference between lewd and lacavious conduct and lewd and lacavious exhibition?  What are the difference between the conduct and exhibition does one have more of a punishment then the other? What exactly does lewd an lacavious exhibition mean?

A:     Chosen as "Best Answer" by Asker!
Michael Adam Haber


Contributor Level 20


Lawyers agree
Best Answer
chosen by asker
Answered Essentially the difference is that exhibition is showing your "stuff" whereas conduct is using it. (Note that you have not inquired about either L&L battery or L&L molestation - see FS 800.04(4)&(5).)

In the case of either L&L conduct or exhibition (the penalties are the same - FS 800.04(6)&(7), respectively), if you are over 18 then its a 2nd degree felony (punishable by 15 years in state prison) and if you are under 18 then its a 3rd degree felony (punishable by 5 years in state prison).

L&L conduct requires that you either touch someone under 16 in a L&L manner or that you solicit someone under 16 to commit an L&L act. L&L exhibition requires that you either masturbate, expose your genitals in a L&L manner or engage in some "deviant" behavior (like S&M, bestiality, etc)in the presence of someone less than 16 years old.

In FL both "lewdness" and "lascivious" are identically defined as "any indecent or obscene act" (and "indecent" is defined as "wicked, lustful, unchaste, licentious, or sensual intention on the part of the person doing the act").

In FL (and I suppose these days pretty much anywhere) if you are "branded" either a sexual offender or a sexual predator then the rest of your life may very well be a living hell. If you have been charged with either then seek counsel, experienced counsel, stat.

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ - and click on the "Find A Lawyer" tab).

Either way best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Like @ www.facebook.com/haberpa / Follow @ http://habercriminallaw.blogspot.com / Call **ARRESTED / **305DUI

No comments:

Post a Comment