Florida Statutes
Fla. Stat. § 800.04 (2025)
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
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800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.—
(1) DEFINITIONS.—As used in this section:
(a) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
(c) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(d) “Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
(e) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
(2) PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.
(3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.
(4) LEWD OR LASCIVIOUS BATTERY.—
(a) A person commits lewd or lascivious battery by:
1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or
2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.
(b) Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of:
1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Chapter 794, excluding s. 794.011(10);
5. Section 825.1025;
6. Section 847.0135(5); or
7. This section.
(5) LEWD OR LASCIVIOUS MOLESTATION.—
(a) 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 under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) 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 as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. 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 as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age 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 third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(e) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of:
1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Chapter 794, excluding s. 794.011(10);
5. Section 825.1025;
6. Section 847.0135(5); or
7. This section.
(6) LEWD OR LASCIVIOUS CONDUCT.—
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(7) LEWD OR LASCIVIOUS EXHIBITION.—
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
(8) EXCEPTION.—A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.
History.—s. 1, ch. 21974, 1943; s. 1, ch. 26580, 1951; s. 780, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 40, ch. 75-298; s. 291, ch. 79-400; s. 5, ch. 84-86; s. 1, ch. 90-120; s. 5, ch. 93-4; s. 6, ch. 99-201; s. 1, ch. 2000-246; s. 5, ch. 2005-28; s. 3, ch. 2008-172; s. 3, ch. 2008-182; s. 6, ch. 2014-4; s. 7, ch. 2022-165.
Arrestable Offenses under F.S. 800.04
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§800.04SEX OFFENSE-AGAINST CHILD-FONDLINGERROR-DEGREE NOT SAME FOR ENTIRE SECTION
§800.04(4a)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 7699
§800.04(4a1)LEWD LASCV BEHAVIORLEWD OR LASCIVIOUS BATTERY VICTIM AGE 12 TO 16
§800.04(4a1)LEWD LASCV BEHAVIORLEWD LASCV BATTERY VIC AGE 12 TO 16 PREV CONV
§800.04(4a2)LEWD LASCV BEHAVIORLL BATT PROMO SEX ACT VIC LT 16 YOA PREV CONV
§800.04(4a2)LEWD LASCV BEHAVIORPROMOTE SEXUAL ACTIVITY VICTIM LESS THAN 16
§800.04(4b)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 7691
§800.04(4c1)LEWD LASCV BEHAVIORLL BAT 18YGT PREV CONV KIDNP MINOR SEXBAT LEWD
§800.04(4c1)LEWD LASCV BEHAVIORLL BAT 18YGT PRE CON FALS IMPRISN MINOR SEXBAT
§800.04(4c2)LEWD LASCV BEHAVIORLL BAT 18YGT PRE CON KIDNP MINOR SEX BAT CHILD
§800.04(4c2)LEWD LASCV BEHAVIORLL BAT 18YGT PRE CON KIDNP MINOR LL BAT MOLEST
§800.04(4c3)LEWD LASCV BEHAVIORLLBAT 18YGT PRE CON FALS IMP MINOR SEXBAT CHLD
§800.04(4c3)LEWD LASCV BEHAVIORLLBAT 18YGT PRE CON FALS IMP MINR LL BAT MOLST
§800.04(4c4)LEWD LASCV BEHAVIORLL BATTERY 18YGT PREV CONV SEXUAL BATT CHP 794
§800.04(4c5)LEWD LASCV BEHAVIORLLBATT 18YGT PRE CON LL BATTERY ELDER DISABLED
§800.04(4c6)LEWD LASCV BEHAVIORLLBAT 18YGT PRE CON COMPUTER SEX ACT VIC LT16Y
§800.04(5b)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 4009
§800.04(5b)LEWD LASCV BEHAVIORMOLEST VIC LESS 12YOA OFFENDER 18 YOA OR OLDER
§800.04(5c1)LEWD LASCV BEHAVIORLT 18 YOA MOLEST VICTIM LT 12 YOA
§800.04(5c2)LEWD LASCV BEHAVIOR18+ YOA MOLEST VICTIM 12-16 YOA
§800.04(5d)LEWD LASCV BEHAVIORMOLEST CHILD 12YOA UP TO 16YOA BY LESS 18YOA
§800.04(5e)LEWD LASCV BEHAVIOR18+ YOA MOLEST VICTIM 12-16 YOA 2ND/SUBSQ OFF
§800.04(6a)LEWD LASCV BEHAVIORREMOVED
§800.04(6a)LEWD LASCV BEHAVIORREMOVED
§800.04(6b)LEWD LASCV BEHAVIORCONDUCT BY PERSON 18YOA OR OLDER
§800.04(6c)LEWD LASCV BEHAVIORCONDUCT BY PERSON LESS THAN 18 YOA
§800.04(7a)LEWD LASCV BEHAVIORREMOVED
§800.04(7a)LEWD LASCV BEHAVIORREMOVED
§800.04(7b)LEWD LASCV BEHAVIOREXHIBITION OFF 18 YOA OLDER VICTIM LESS 16 YOA
§800.04(7c)LEWD LASCV BEHAVIOREXHIBITION OFF LESS 18 YOA VICTIM LESS 16 YOA
§800.04(7c)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 6528
§800.04(7c)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 6530
§800.04(7d)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 6529
§800.04(7d)LEWD LASCV BEHAVIORRENUMBERED. SEE REC # 6531
Notes of Decisions
Cited in 1,078
cases (77 in the last 5 years), 1946–2026 · leading case: State v. Paul, 934 So. 2d 1167 (Fla. 2006).
State v. Paul, 934 So. 2d 1167 (Fla. 2006). “" § 800.04, Fla. Stat. (1999). [4] In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person *1174 under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 800.04, Fla. Stat. (1981). The 1981 statute therefore prohibited molestation of, assault of, or lewd or lascivious conduct in the presence of a minor.”
Seagrave v. State, 802 So. 2d 281 (Fla. 2001). “" § 800.04, Fla. Stat., amended by, ch. 84-86, § 5, Laws of Fla.”
Morris v. State, 789 So. 2d 1032 (Fla. 1st DCA 2001). “The Legislature has, moreover, replaced section 800.04, Florida Statutes (1997), with a new statute that prohibits, among other things, "[s]olicit[ing] a person under 16 years of age to commit a lewd or lascivious act.”
Welsh v. State, 850 So. 2d 467 (Fla. 2003). “§ 800.04, Fla. Stat. (1981). The Third District reversed the defendant's conviction, see Lanier v.”
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “04 was amended in 1999, however, resulting in the removal of that phrase.”
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “" § 800.04(1)(a), Fla. Stat. (2006). Likewise, "sexual battery" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
State v. Hightower, 509 So. 2d 1078 (Fla. 1987). “Over the defendant's objection the court instructed the jury that lewd and lascivious conduct as set forth in section 800.04, Florida Statutes (1983), was a lesser included offense.”
Williams v. State, 957 So. 2d 595 (Fla. 2007). “" § 800.04, Fla. Stat. (1997). This language was eliminated in the 1999 revision, which also created separate subsections for acts defined as lewd or lascivious "battery," "molestation," "conduct," and "exhibition.”
Insko v. State, 969 So. 2d 992 (Fla. 2007). “Paragraphs (6)(b) and (c) of section 800.04 fill in the missing terms.”
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
800.04(02): 1 case
Garcia v. State, 827 So. 2d 1102 (Fla. 2d DCA 2002).
800.04(1): 134 cases
Seagrave v. State, 802 So. 2d 281 (Fla. 2001). “" § 800.04, Fla. Stat., amended by, ch. 84-86, § 5, Laws of Fla.”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 800.04, Fla. Stat. (1981). The 1981 statute therefore prohibited molestation of, assault of, or lewd or lascivious conduct in the presence of a minor.”
Durant v. State, 94 So. 3d 669 (Fla. 5th DCA 2012).
Gisi v. State, 848 So. 2d 1278 (Fla. 2d DCA 2003).
Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990).
800.04(1)(a): 17 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017).
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “" § 800.04(1)(a), Fla. Stat. (2006). Likewise, "sexual battery" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
Williams v. State, 957 So. 2d 595 (Fla. 2007). “" § 800.04, Fla. Stat. (1997). This language was eliminated in the 1999 revision, which also created separate subsections for acts defined as lewd or lascivious "battery," "molestation," "conduct," and "exhibition.”
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
800.04(1)(b): 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
800.04(1)(c): 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
800.04(1)(d): 4 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
Duclos-Lasnier v. State (Fla. 2d DCA 2016).
Harvill v. State of Florida (Fla. 1st DCA 2024).
800.04(2): 63 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
Seagrave v. State, 802 So. 2d 281 (Fla. 2001). “" § 800.04, Fla. Stat., amended by, ch. 84-86, § 5, Laws of Fla.”
State v. Sorakrai, 543 So. 2d 294 (Fla. 2d DCA 1989).
Gisi v. State, 848 So. 2d 1278 (Fla. 2d DCA 2003).
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).
800.04(3): 72 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
Morris v. State, 789 So. 2d 1032 (Fla. 1st DCA 2001). “The Legislature has, moreover, replaced section 800.04, Florida Statutes (1997), with a new statute that prohibits, among other things, "[s]olicit[ing] a person under 16 years of age to commit a lewd or lascivious act.”
Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988).
Schmitt v. State, 590 So. 2d 404 (Fla. 1991).
Hartline v. State, 806 So. 2d 595 (Fla. 5th DCA 2002).
800.04(4): 109 cases
Morris v. State, 789 So. 2d 1032 (Fla. 1st DCA 2001). “The Legislature has, moreover, replaced section 800.04, Florida Statutes (1997), with a new statute that prohibits, among other things, "[s]olicit[ing] a person under 16 years of age to commit a lewd or lascivious act.”
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “" § 800.04(1)(a), Fla. Stat. (2006). Likewise, "sexual battery" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
Khianthalat v. State, 974 So. 2d 359 (Fla. 2008).
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 800.04, Fla. Stat. (1981). The 1981 statute therefore prohibited molestation of, assault of, or lewd or lascivious conduct in the presence of a minor.”
Williams v. State, 957 So. 2d 595 (Fla. 2007). “" § 800.04, Fla. Stat. (1997). This language was eliminated in the 1999 revision, which also created separate subsections for acts defined as lewd or lascivious "battery," "molestation," "conduct," and "exhibition.”
800.04(4)(a): 79 cases
Williams v. State, 957 So. 2d 595 (Fla. 2007). “" § 800.04, Fla. Stat. (1997). This language was eliminated in the 1999 revision, which also created separate subsections for acts defined as lewd or lascivious "battery," "molestation," "conduct," and "exhibition.”
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “" § 800.04(1)(a), Fla. Stat. (2006). Likewise, "sexual battery" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
Brown v. State, 25 So. 3d 78 (Fla. 2d DCA 2009).
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017).
800.04(4)(a)(1): 5 cases
Jae-il Byun v. State of Florida (Fla. 2d DCA 2019).
Andrew Quijano v. State of Florida, 270 So. 3d 549 (Fla. 2d DCA 2019).
Joseph Michel v. The State of Florida (Fla. 3d DCA 2024).
Kelley Millien v. State of Florida (Fla. 4th DCA 2025).
Peter Ramos v. State of Florida (Fla. 6th DCA 2025).
800.04(4)(a)(l): 1 case
Fleming v. State, 227 So. 3d 1254 (Fla. 2d DCA 2017).
800.04(4)(b): 9 cases
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007).
Francis Wong v. State of Florida, 212 So. 3d 351 (Fla. 2017).
Carlos J. Acevedo v. State of Florida, 174 So. 3d 437 (Fla. 4th DCA 2015).
Wilkerson v. State, 143 So. 3d 462 (Fla. 5th DCA 2014).
Aldacosta v. State, 41 So. 3d 1096 (Fla. 2d DCA 2010).
800.04(4)(c): 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).
800.04(5): 74 cases
Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004).
State of Florida v. Jamal Rashad Laing, 182 So. 3d 812 (Fla. 4th DCA 2016).
Insko v. State, 969 So. 2d 992 (Fla. 2007). “Paragraphs (6)(b) and (c) of section 800.04 fill in the missing terms.”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 800.04, Fla. Stat. (1981). The 1981 statute therefore prohibited molestation of, assault of, or lewd or lascivious conduct in the presence of a minor.”
Tasker v. State, 48 So. 3d 798 (Fla. 2010).
800.04(5)(a): 65 cases
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “04 was amended in 1999, however, resulting in the removal of that phrase.”
State v. Paul, 934 So. 2d 1167 (Fla. 2006). “" § 800.04, Fla. Stat. (1999). [4] In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person *1174 under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a…”
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017).
Victor Villanueva v. State of Florida, 200 So. 3d 47 (Fla. 2016).
Benjamin v. State, 77 So. 3d 781 (Fla. 4th DCA 2011).
800.04(5)(a)(b): 3 cases
Triplett v. State, 947 So. 2d 702 (Fla. 5th DCA 2007).
State v. Mason, 979 So. 2d 301 (Fla. 5th DCA 2008).
Walker v. State, 851 So. 2d 863 (Fla. 5th DCA 2003).
800.04(5)(b): 69 cases
Ralph Monroe v. State of Florida, 191 So. 3d 395 (Fla. 2016).
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “04 was amended in 1999, however, resulting in the removal of that phrase.”
Kemar Rochester v. State of Florida, 140 So. 3d 973 (Fla. 2014).
Rochester v. State, 95 So. 3d 407 (Fla. 4th DCA 2012).
Adaway v. State, 902 So. 2d 746 (Fla. 2005).
800.04(5)(c): 19 cases
Marcus Jamal Graham v. State of Florida, 207 So. 3d 135 (Fla. 2016).
State of Florida v. Frank A. Mosley, 149 So. 3d 684 (Fla. 2014).
Stephen C. Hanf v. State of Florida, 182 So. 3d 704 (Fla. 1st DCA 2015).
Monroe v. State, 148 So. 3d 850 (Fla. 1st DCA 2014).
D.s., a Child v. State of Florida, 267 So. 3d 414 (Fla. 4th DCA 2019).
800.04(5)(c)(1): 1 case
Russell Rioux v. State of Florida (Fla. 2d DCA 2019).
800.04(5)(c)(2): 17 cases
Pezzo v. State, 903 So. 2d 960 (Fla. 1st DCA 2005).
Francis Wong v. State of Florida, 212 So. 3d 351 (Fla. 2017).
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
Jones v. State, 944 So. 2d 533 (Fla. 5th DCA 2006).
Cillo v. State, 913 So. 2d 1233 (Fla. 2d DCA 2005).
800.04(5)(c)(l): 1 case
Contreras-Garcia v. State, 95 So. 3d 993 (Fla. 2d DCA 2012).
800.04(5)(d): 6 cases
Tate v. State, 191 So. 3d 535 (Fla. 1st DCA 2016).
State v. D.A., 939 So. 2d 149 (Fla. 5th DCA 2006).
A.M. v. State, 792 So. 2d 638 (Fla. 5th DCA 2001).
K.J.F. v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).
State v. DA, 939 So. 2d 149 (Fla. 5th DCA 2006).
800.04(5)(e): 3 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).
David Timothy Curry v. State of Florida, 227 So. 3d 628 (Fla. 2d DCA 2017).
800.04(6): 35 cases
Insko v. State, 969 So. 2d 992 (Fla. 2007). “Paragraphs (6)(b) and (c) of section 800.04 fill in the missing terms.”
State v. Paul, 934 So. 2d 1167 (Fla. 2006). “" § 800.04, Fla. Stat. (1999). [4] In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person *1174 under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a…”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 800.04, Fla. Stat. (1981). The 1981 statute therefore prohibited molestation of, assault of, or lewd or lascivious conduct in the presence of a minor.”
State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013).
Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003).
800.04(6)(B): 1 case
Raul L. Zapata v. State of Florida (Fla. 3d DCA 2026).
800.04(6)(a): 25 cases
State v. Paul, 934 So. 2d 1167 (Fla. 2006). “" § 800.04, Fla. Stat. (1999). [4] In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person *1174 under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a…”
Insko v. State, 969 So. 2d 992 (Fla. 2007). “Paragraphs (6)(b) and (c) of section 800.04 fill in the missing terms.”
Benjamin v. State, 77 So. 3d 781 (Fla. 4th DCA 2011).
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
Method v. State, 920 So. 2d 141 (Fla. 4th DCA 2006).
800.04(6)(a)(1): 3 cases
State v. Paul, 934 So. 2d 1167 (Fla. 2006). “" § 800.04, Fla. Stat. (1999). [4] In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person *1174 under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a…”
Somervell v. State, 883 So. 2d 836 (Fla. 5th DCA 2004).
Cruz v. State, 941 So. 2d 1245 (Fla. 5th DCA 2006).
800.04(6)(a)(2): 5 cases
Insko v. State, 933 So. 2d 679 (Fla. 2d DCA 2006).
Insko v. State, 969 So. 2d 992 (Fla. 2007). “Paragraphs (6)(b) and (c) of section 800.04 fill in the missing terms.”
Insko v. State, 884 So. 2d 312 (Fla. 4th DCA 2004).
Pamblanco v. State, 111 So. 3d 249 (Fla. 5th DCA 2013).
Kane v. State, 975 So. 2d 1277 (Fla. 4th DCA 2008).
800.04(6)(a)(2)(b): 1 case
Morris v. State, 789 So. 2d 1032 (Fla. 1st DCA 2001). “The Legislature has, moreover, replaced section 800.04, Florida Statutes (1997), with a new statute that prohibits, among other things, "[s]olicit[ing] a person under 16 years of age to commit a lewd or lascivious act.”
800.04(6)(a)(l): 2 cases
Benjamin v. State, 77 So. 3d 781 (Fla. 4th DCA 2011).
Carrion v. State, 235 So. 3d 1051 (Fla. 2d DCA 2018).
800.04(6)(b): 10 cases
Method v. State, 920 So. 2d 141 (Fla. 4th DCA 2006).
Carpenter v. State, 884 So. 2d 385 (Fla. 2d DCA 2004).
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
Pamblanco v. State, 111 So. 3d 249 (Fla. 5th DCA 2013).
Lesovsky v. State, 198 So. 3d 988 (Fla. 4th DCA 2016).
800.04(6)(c): 6 cases
State v. Marcel, 67 So. 3d 1223 (Fla. 3d DCA 2011).
Insko v. State, 933 So. 2d 679 (Fla. 2d DCA 2006).
Insko v. State, 884 So. 2d 312 (Fla. 4th DCA 2004).
J.M. v. State, 4 So. 3d 703 (Fla. 5th DCA 2009).
JM v. State, 4 So. 3d 703 (Fla. 5th DCA 2009).
800.04(7): 22 cases
State v. Paul, 934 So. 2d 1167 (Fla. 2006). “" § 800.04, Fla. Stat. (1999). [4] In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person *1174 under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a…”
Hunsicker v. State, 881 So. 2d 1166 (Fla. 5th DCA 2004).
Usry v. State, 118 So. 3d 988 (Fla. 1st DCA 2013).
Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
800.04(7)(a): 13 cases
State v. Sholl, 18 So. 3d 1158 (Fla. 1st DCA 2009).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “10 LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY § 800.04, Fla. Stat. Give only for those offenses committed before October 1, 1999.”
Lowe v. State, 40 So. 3d 789 (Fla. 5th DCA 2010).
William R. Crews v. State of Florida, 183 So. 3d 329 (Fla. 2015).
Phillips v. State, 229 So. 3d 426 (Fla. 2d DCA 2017).
800.04(7)(a)(1): 1 case
Julio M. Duran v. State of Florida (Fla. 3d DCA 2026).
800.04(7)(a)(b): 1 case
Walker v. State, 851 So. 2d 863 (Fla. 5th DCA 2003).
800.04(7)(b): 9 cases
In Re Stand. Inst. in Crim. Cases No. 2008-02, 998 So. 2d 1138 (Fla. 2008).
Kulling v. State, 827 So. 2d 311 (Fla. 2d DCA 2002).
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).
Usry v. State, 118 So. 3d 988 (Fla. 1st DCA 2013).
Mark J. Dedominicis v. State of Florida, 267 So. 3d 422 (Fla. 4th DCA 2019).
800.04(7)(c): 5 cases
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007). “" § 800.04, Fla. Stat. (1999). In other words, any violation of subsection (5)(a), which prohibits the lewd touching of particular body parts of a person under sixteen years of age, will also violate subsection (6)(a), which simply prohibits any lewd touching of a person under…”
Burkhart v. State, 974 So. 2d 1203 (Fla. 1st DCA 2008).
K.J.F. v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).
Cannon v. State, 225 So. 3d 896 (Fla. 1st DCA 2017).
KJF v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).
800.04(a): 1 case
United States v. Robert William Godwin, 399 F. App'x 484 (11th Cir. 2010).
800.04(c): 1 case
Robert Wayne Lincoln v. State of Florida (Fla. 6th DCA 2024).
800.04(d): 1 case
Duclos-Lasnier v. State, 192 So. 3d 1234 (Fla. 2d DCA 2016).
800.04(l)(a): 13 cases
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017).
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “" § 800.04(1)(a), Fla. Stat. (2006). Likewise, "sexual battery" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “04 was amended in 1999, however, resulting in the removal of that phrase.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).
Lowe v. State, 40 So. 3d 789 (Fla. 5th DCA 2010).
800.04(l)(b): 2 cases
Charles Osborn v. State of Florida, 177 So. 3d 1034 (Fla. 1st DCA 2015).
Aldacosta v. State, 41 So. 3d 1096 (Fla. 2d DCA 2010).
800.04(l)(d): 1 case
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).
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