Criminal defense lawyers deal with a plethora of sex crimes in the Fort Lauderdale, Florida area. One of the most common types of sex offenses in Fort Lauderdale is lewdness or indecent exposure. These offenses have been enumerated by the Florida Legislature in Chapter 800 of the Florida Statutes. Specifically, Florida Statutes ยง800.02-800.04, list six different types of lewdness / indecent exposure offenses. They are as follows:
- Unnatural and Lascivious Act
- Exposure of Sexual Organs
- Lewd or Lascivious Battery
- Lewd or Lascivious Molestation
- Lewd or Lascivious Conduct
- Lewd or Lascivious Exhibition
Unnatural or Lascivious Act in Fort Lauderdale
When a person is accused of committing an unnatural and lascivious act, the prosecution must prove two facts. First, that the defendant did a certain act with another person. Second, that the act in question was “unnatural and lascivious.” According to its legal definition, the word “unnatural” refers to conduct that is “not in accordance with nature” or “normal feelings/behavior.”
The terms “lascivious” refers to conduct that is “lustful, normally tending to excite a desire for sexual satisfaction.” If you are reading this and think that this explanation is vague and overly broad, you are correct. The offense of Unnatural and Lascivious Acts is a very vague and broad offense. Candidly, it is rarely prosecuted and when it is, it is used as a catch-all offense by prosecutors. Fortunately, this offense is only a second degree misdemeanor punishable by up to 6 months of probation or 60 days in county jail. Because this offense is so vague and broad, defending someone accused of such a crime of extremely case specific. Factors to consider are the nature of the sex act at issue, who the witnesses for the prosecution are, what the witnesses saw or participated in, if anything, as well as any physical or forensic evidence. When a criminal lawyer defends someone accused of such a case, he/she must carefully analyze the facts of the case to ascertain what the witnesses will testify to. Witness credibility and their perception of events is important. A criminal lawyer must also consider the settings of the offense. In other words, where did the lewd or unnatural act allegedly take place? Was it in a private residence or a public area, like a city park?