Fla. Stat. § 800.04

Lewd or Lascivious Offenses

These charges involve alleged conduct with a minor under 16 and carry life-altering penalties. Here is how the statute categorizes them and why the defense is critical.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

The Categories

Under § 800.04, lewd or lascivious offenses involve conduct with a person under 16 and are divided into categories of decreasing severity: battery, molestation, conduct, and exhibition. The category and the ages involved determine the degree.

The Governing Statute
Fla. Stat. § 800.04 — Lewd or Lascivious Offenses
"A person who [engages in specified lewd or lascivious conduct] … committed upon or in the presence of a person less than 16 years of age [commits a felony as classified in this section]."
Read the full statute on Online Sunshine →

Critically, under this statute, ignorance of the victim’s age is generally not a defense, and the victim’s consent is not a defense.

The Penalties

Lewd or Lascivious — Penalty Range
Depending on the category and ages, charges range from a second-degree felony to a life felony.

Lewd or lascivious molestation of a young child by an adult can be a life felony. All carry sex-offender registration and severe collateral consequences.

Why the Defense Matters

  • The reliability of the allegation and any forensic interview.
  • Motive to fabricate, which can arise in custody or family conflicts.
  • Constitutional issues in statements and searches.
  • Whether the alleged conduct fits the statute at all.

Frequently Asked Questions

Is not knowing the age a defense to lewd or lascivious charges in Florida?
Generally no. Under § 800.04, ignorance of the victim’s age is not a defense, and the victim’s consent is not a defense. These are among the reasons experienced counsel is essential.
What is the difference between lewd or lascivious molestation and battery?
They are different categories under § 800.04 with different conduct elements and penalty levels. Both are serious felonies involving a victim under 16, and the specific category and ages determine the degree and sentence.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 800.04 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.