Sexual Imposition in Florida
Sexual Imposition is the criminal act of annoying or harassing another individual in a sexual nature. This includes, but is not limited to bothering, annoying, becoming a nuisance to, or tricking someone in a criminal sexual way. This criminal act is committed often against minors by other minors, adults, or family members. When Sexual Imposition is reported to the police, victim identities generally are protected under criminal statute. A criminal lawyer is a vital tool in protecting the accused against this emotionally troublesome criminal charge. To prove the crime of Indecent Exposure or Lewd or Lascivious Conduct, the State Attorney must prove beyond a reasonable doubt that there was a victim, that the criminal suspect made an assault upon the victim in a lewd, lascivious, or indecent manner, or handled or fondled the victim in a lewd, lascivious, or indecent manner, that the criminal suspect committed up the victim or forced or enticed the victim to commit actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, any act or conduct which simulated that sexual battery was being or would be committed on the victim, that the criminal suspect committed an act upon or with the victim in which the sexual organ of the criminal suspect or victim penetrated or had union with the anus, vagina, mouth of the other, or committed an act upon the victim in which the anus or vagina of the victim was penetrated by an object, and that the criminal suspect knowingly committed a lewd or lascivious act in the presence of the victim. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the criminal offense charged.
As used in regard to this criminal offense the words “lewd,” “lascivious,” and “indecent” mean the same thing. They mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act. An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. As used in regard to this criminal offense the words “lewd” and “lascivious” mean the same thing and mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act. “In the presence of” means that the victim either saw, heard, or otherwise sensed that the act was taking place. To prove the criminal offense of Lewd or Lascivious Battery, the State Attorney must prove beyond a reasonable doubt that there was a victim and that the criminal suspect encouraged, forced, or enticed the victim to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any act involving sexual activity. “Sexual activity” means the 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. Sexual activity does not include an act done for a bona fide medical purpose. “Union” means contact. “Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself. “Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the criminal offense charged. The criminal suspect’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the criminal suspect’s bona fide belief of the victim’s age is not a defense to the criminal offense charged.
If you have been charged with Sexual Imposition in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day with a Sexual Imposition Lawyer if you have been charged with these criminal offenses.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.