Lewd or Lascivious Offenses in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

The Charges on This Page

Lewd or lascivious battery by encouraging, forcing, or enticing a child (§ 800.04(4)(a)2.). Instruction 11.10(b): you encouraged, forced, or enticed a person under 16 to engage in sexual activity, sadomasochistic abuse, sexual bestiality, or prostitution. Second-degree felony (up to 15 years and $10,000). First-degree for an adult with certain prior sex-offense convictions.

Lewd or lascivious exhibition over a computer (§ 847.0135(5)). Instruction 11.10(f): you intentionally masturbated, exposed your genitals in a lewd or lascivious manner, or committed another non-contact sexual act, live over an online service, and knew, should have known, or had reason to believe a person under 16 was watching. Second-degree felony if you were 18 or older; third-degree felony (up to 5 years and $5,000) if you were under 18. An undercover officer's involvement is not a defense.

Lewd or lascivious exhibition by a detainee (§ 800.09). Instruction 11.10(g): while held in a prison, contractor-operated facility, or county jail, you intentionally committed one of those acts in the presence of someone you knew or reasonably should have known was an employee. Third-degree felony.

Lewd or lascivious offenses involving an elderly or disabled person (§ 825.1025). Instruction 11.11 covers battery, molestation (lewd touching), and exhibition. Each requires proof that the person was elderly or disabled and that you knew or reasonably should have known the person lacked capacity to consent or did not consent. Battery is a second-degree felony; molestation and exhibition are third-degree felonies.

Unnatural and lascivious act — repealed (former § 800.02). This was a second-degree misdemeanor: an unnatural and lascivious act with another person (Instruction 11.8). Chapter 2026-159, Laws of Florida, repealed § 800.02 effective October 1, 2026. Conduct on or after that date cannot be charged under it, although the instruction is still published. The same law created a new third-degree felony (§ 800.035): lewd exposure or a non-contact sexual act while observing a child under 16 for one's own sexual arousal or gratification.

Registration and Mandatory Prison

Florida's sexual offender registration list includes § 800.04, § 825.1025, and § 847.0135 (except a subsection about service providers); § 800.09 is not on it. Registration means reporting in person to the sheriff within 48 hours of establishing a residence, with ongoing reporting that can last for decades. For an adult with certain aggravating factors or priors, the Dangerous Sexual Felony Offender law requires a 50-year minimum mandatory sentence for § 800.04(4) or § 825.1025(2)-(3) offenses committed on or after October 1, 2014. A felony committed by an adult school employee, volunteer, or contractor against a student of that school is raised one degree (§ 775.0862).

How We Defend These Cases

• Intent. Accidental exposure or innocent contact is not the crime.
• Capacity and knowledge. For an elderly or disabled person, the State must prove what you knew or should have known about capacity or consent.
• Devices and statements. Who used the account, who was really watching, and how police got the phone or the interview. See Motions to Suppress.

What to Do First

1. Do not talk to detectives or discuss the allegation with the accuser by call or text.
2. Do not delete anything. That can become a separate crime.
3. Call us. We can often arrange a surrender. See Turning Yourself In and Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and, for other charges, Sex Crimes Defense.

Frequently Asked Questions

Is it a defense that the minor said they were older, or agreed?

Not under § 800.04, which bars both defenses. Intent, identity, and the reliability of the accusation remain open.

I was charged with an "unnatural and lascivious act." Does the repeal help me?

It may. It depends on the date of the alleged conduct. Ask us how the repeal applies to your case.