Chad M. Seibel
Criminal Defense
407.846.8008
Lewd or Lascivious Defense
Florida Statute § 800.04 covers sexual offenses committed on or in the presence of children under 16. It is one of the most heavily charged sex-offense statutes in Osceola and Orange County — and one of the least understood. The same statute covers conduct ranging from a third-degree felony to a life felony carrying a mandatory minimum of 25 years in prison, and every version of the charge carries sex offender registration.
If you have been accused, the time to involve a defense lawyer is before you answer a single question. Call or text 407-846-8008.
The Four § 800.04 Offenses
1. Lewd or lascivious battery — § 800.04(4). Sexual activity with a person 12 to 15 years old, or encouraging, forcing, or enticing anyone under 16 into prostitution, sadomasochistic abuse, or sexual activity. A second-degree felony (up to 15 years in prison). It becomes a first-degree felony for an adult offender with a prior conviction for specified sex offenses.
2. Lewd or lascivious molestation — § 800.04(5). Intentionally touching, in a lewd or lascivious manner, the breasts, genitals, genital area, or buttocks — or the clothing covering them — of a person under 16, or forcing or enticing the child to touch the offender. Penalties depend on the ages:
• Offender 18+ and victim under 12: life felony. The court must impose either life, or a split sentence of at least 25 years in prison followed by lifetime probation or community control. A second or subsequent violation carries mandatory life.
• Offender under 18 and victim under 12: second-degree felony.
• Offender 18+ and victim 12–15: second-degree felony (first-degree with qualifying priors).
• Offender under 18 and victim 12–15: third-degree felony.
3. Lewd or lascivious conduct — § 800.04(6). Touching a person under 16 in a lewd or lascivious manner, or soliciting a person under 16 to commit a lewd act. Second-degree felony for adult offenders; third-degree for offenders under 18.
4. Lewd or lascivious exhibition — § 800.04(7). Masturbating, exposing the genitals in a lewd manner, or committing other specified sexual acts in the presence of a person under 16 — no touching required. Second-degree felony for adult offenders; third-degree for offenders under 18.
New Mandatory Minimums for Repeat Offenders
Under § 794.0116 — enacted effective October 1, 2025, and expanded July 1, 2026 — a defendant with a prior conviction (or withheld adjudication) for a qualifying sex offense who commits lewd or lascivious molestation faces a mandatory minimum of 15 years in prison (10 years for offenses between October 1, 2025 and June 30, 2026), with no gain-time and no early release. The prior does not have to be a conviction in the formal sense — a withhold counts. Whether a prior actually qualifies under the statute is a legal question worth fighting.
Defenses the Statute Removes — and What's Left
Section 800.04 expressly eliminates the defenses people expect:
• The victim's consent is no defense.
• Mistake about the victim's age is no defense — even if the child lied, even with a fake ID, even on an 18+ app.
• The victim's prior sexual activity is no defense.
The viable defenses lie elsewhere:
• False accusation. These charges can emerge from divorce and custody conflict, family feuds, or a child's exposure to adult questioning. The origin story of the accusation is evidence, and we investigate it.
• No lewd intent. Molestation and conduct charges require a lewd or lascivious state of mind. Ordinary caregiving, roughhousing, accidental contact, and ambiguous touching are not crimes, and juries understand the difference when it is presented properly.
• Suggestive interviewing. A child's account that grew in the telling — shaped by repeated questioning from alarmed adults or flawed forensic interviews — can be deconstructed on the record.
• Insufficient proof of age or identity, suppression of unlawfully obtained statements, and the full range of constitutional challenges.
Registration Consequences
Every § 800.04 conviction is a qualifying offense for sex offender registration under § 943.0435 — and for victims under 12 or certain aggravated variants, it brings the enhanced quarterly reporting schedule and lifetime ineligibility for registry removal. For a narrow class of young defendants close in age to the alleged victim, Florida's Romeo & Juliet law can provide a path off the registry; we evaluate that in every eligible case.
Frequently Asked Questions
Is a conviction mandatory prison?
Not for every variant — but for molestation of a victim under 12 by an adult, the minimum lawful sentence is 25 years followed by lifetime supervision. For other variants, sentences follow Florida's scoresheet, where an experienced lawyer has real room to work.
The child's story has changed. Does that matter?
Enormously. Inconsistency across the initial disclosure, the forensic interview, deposition, and trial testimony is often the heart of the defense.
Can a teenager be charged under this statute?
Yes. Offenders under 18 face reduced degrees, and juveniles 14 or older can face registration for certain variants. These cases require their own strategy, including juvenile-court and youthful-offender options.
What should I do if DCF or a detective calls me?
Be polite, decline to discuss the allegations, and call a lawyer the same day. Nothing you say “off the record” is off the record.
Talk to a Former Prosecutor
Chad Seibel is a former prosecutor who now defends people accused of sex offenses. He knows how these cases are assembled in Osceola and Orange County — and where they come apart. Call or text 407-846-8008 for a free, confidential consultation.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.