Lewd & Lascivious Conduct

Lewd and lascivious conduct criminalizes all sort of different activities that carry serious consequences and long sentences. Lewd and lascivious conduct connotes wicked, lustful, unchaste, licentious, or a sensual design by the perpetrator of an act condemned by law.

In the context of depictions, the phrase "lewd and lascivious" is defined as an obnoxiously debasing and offensive portrayal of sex acts that can be characterized as obscene. In the absence of a legislative definition, it is for the courts to define such terms on a case-by-case basis.

An offense under the statute criminalizing lewd or lascivious conduct can involve much less serious conduct than sexual battery, including verbal conduct. As recognized by the courts, the definition of what is lewd and lascivious is a matter of changing social opinion; what might once have been deemed lewd and lascivious might at another time not be condemned by upright, honorable, and virtuous people.

A person who engages in sexual activity with a person 12 years of age or older but less than 16 years of age or encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, punishable by up to 15 years in prison.

A person, who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person less than 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. For purposes of offense of lewd and lascivious molestation, conduct may include the touching of a child's buttocks.

An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable by up to life in prison. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable by up to 15 years in prison.

The statutory prohibition of a lewd, lascivious, or indecent act upon a child is intended to criminalize sexual activity with a child in that age range even where the activity is consensual.

A lewd and lascivious prosecution, no matter the degree, is one of the most serious crimes that a person could face.  The client needs competent and experienced representation to get him or her through this challenging time.  Erick Cruz has experience both prosecuting lewd and lascivious crimes and representing individuals accused of committing lewd and lascivious crimes.  Erick is uniquely capable of closely examining and scrutinizing the allegations and investigation and looking for deficiencies in the investigation and violation of your rights. 

Call Erick Cruz if a loved one is under investigation for or has been charged with a lewd and lascivious conduct.