Lewd or Lascivious Offenses
Lewd or lascivious battery, molestation, conduct, or exhibition committed upon or in the presence of a person under 16.
Florida Statute
§ 800.04
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Section 800.04 contains several distinct offenses involving victims under 16. The conduct, victim age, offender age, and any qualifying prior conviction determine the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Lewd or Lascivious Battery
F.S. § 800.04(4)(a)-(b)
Engaging in sexual activity with a victim 12 to under 16, or encouraging, forcing, or enticing a person under 16 into specified sexual activity.
Lewd or Lascivious Molestation — Adult; Victim Under 12
F.S. § 800.04(5)(b)
An offender 18 or older commits lewd or lascivious molestation against a victim under 12.
Lewd or Lascivious Molestation — Other Age Tracks
F.S. § 800.04(5)(c)-(d)
Molestation classification varies when the offender is under 18 or the victim is 12 to under 16.
Lewd or Lascivious Conduct — Adult Offender
F.S. § 800.04(6)(b)
An offender 18 or older intentionally touches a victim under 16 in a lewd manner or solicits that victim to commit a lewd act.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Lewd or Lascivious Battery
Florida Statute § 800.04(4)(a)-(b)
Lewd or Lascivious Battery
Florida Statute § 800.04(4)(a)-(b)
Engaging in sexual activity with a victim 12 to under 16, or encouraging, forcing, or enticing a person under 16 into specified sexual activity.
What to Establish
Qualifying sexual activity or specified inducement; victim-age requirement.
Important Charge Note
Second-degree felony unless a qualifying prior-conviction enhancement applies.
Lewd or Lascivious Molestation — Adult; Victim Under 12
Florida Statute § 800.04(5)(b)
Lewd or Lascivious Molestation — Adult; Victim Under 12
Florida Statute § 800.04(5)(b)
An offender 18 or older commits lewd or lascivious molestation against a victim under 12.
What to Establish
Qualifying lewd touching or inducement; victim under 12; offender 18 or older.
Important Charge Note
Life felony.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Statutory framework — confirm the charged subsection
The defendant committed conduct defined by one of section 800.04's distinct offense subsections.
Plain language: Confirm whether the allegation is battery, molestation, conduct, or exhibition before selecting a variation.
- Element 2AND — Required
Statutory framework — confirm the charged subsection
The State must prove the victim-age and offender-age facts required by the charged subsection.
Plain language: Victim age is central to every track; offender age determines the degree for several tracks.
Jury Instructions
Jury Instructions
Instruction 11.10(a)
Lewd or Lascivious Battery — Engaging in Sexual Activity
Covers section 800.04(4)(a)1.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 11.10(b)
Lewd or Lascivious Battery — Encouraging, Forcing, or Enticing
Covers section 800.04(4)(a)2.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 11.10(c)
Lewd or Lascivious Molestation
Covers section 800.04(5).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Coercion
The use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
Consent
Intelligent, knowing, and voluntary consent; it does not include submission by coercion.
Sexual Activity
The oral, anal, or female genital penetration by, or union with, the sexual organ of another, or anal or female genital penetration by another object; excluding a bona fide medical purpose.
Lewd or Lascivious
Wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
Additional Notes
Additional Notes
Quick Reference
Identify the statutory conduct first—battery, molestation, conduct, or exhibition—then confirm victim and offender ages in the Classification Matrix.
Consent and Age
Section 800.04 expressly provides that a victim's consent, lack of chastity, and an offender's ignorance, belief, or misrepresentation concerning age are not defenses to its offenses.
Prior Convictions
Specified qualifying prior convictions can increase certain battery or molestation offenses to a first-degree felony. Confirm the exact subsection and prior conviction before applying that classification.