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Child Molestation Charges- teddy bear in the windowChild molestation charges are very serious. If convicted of child molestation, you could face serious jail time and will be left with a very tainted reputation. Even if an individual is found innocent, simply being charged with child molestation is embarrassing and carries certain social stigmas.

So, what constitutes child molestation? Under the Florida Statutes, “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.”

Child Molestation - Penalties Under Florida Law

The lewd molestation of a childis considered a life felony, second-degree felony, or a third-degree felony. It depends on the age of the child and the age of the perpetrator.

  • Life felony: Lewd molestation of a child under 12 by an adult over 18;
  • Second-degree felony: Lewd molestation of a child under 12 by a person under 18 or of a child between the ages of 12 and 16 by an adult over 18;
  • Third-degree Felony: Lewd molestation of a child between 12 and 16 by an adult under 18.

If convicted of lewd and lascivious battery in the second degree, a judge is required to impose a minimum prison sentence of 34½ months in prison and can also impose any combination of the following penalties: Up to 15 years in prison, up to 15 years of sex offender probation, or up to $10,000 in fines.

Another very serious consequence of being convicted of lewd and lascivious batteryis being declared a sex offender.

Possible Defenses

Lack of chastity on the part of the victim, consent by the victim, and ignorance of the victim's age are not valid defenses for this crime. Unfortunately, some people are wrongly accused of this awful crime and are forced to defend themselves against something they did not do. Therefore, false allegations are the most common defense in child molestation cases. Typically, false allegations occur from jealously, manipulation of a child through an angry parent, or mental illness of the accuser. That is why is it critical for our defense team to properly investigate any motive that exists from the accuser for making a false allegation of child molestation.

Contact our Highly Experienced Child Molestation Defense Lawyers

Help is here! If you or someone you know was accused of any type of child molestation, contact NeJame Law immediately. The penalties are extremely serious, and this is not something that should be left to chance. You need an experiencedattorney on your case. We value your privacy and will keep any information strictly confidential.

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