Criminal Law: Lewd or Lascivious Offenses

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Questions and Answers

What is the definition of 'sexual activity' in the context of lewd or lascivious offenses?

Any act of exhibitionism or voyeurism

Any act of sexual harassment or verbal abuse

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 (correct)

Any act involving physical contact with another person

What is the difference between 'lewd or lascivious battery' and 'lewd or lascivious molestation'?

The former involves physical contact, while the latter involves verbal abuse

The former involves sexual harassment, while the latter involves sexual assault

The former involves touching in a lewd or lascivious manner, while the latter involves encouraging or forcing sexual activity (correct)

The former involves sexual activity with a minor, while the latter involves sexual activity with an elderly or disabled person

What is the minimum condition for a person to be guilty of lewd or lascivious exhibition in the presence of an elderly person or disabled person?

The person knows or reasonably should know that the elderly person or disabled person lacks the capacity to consent. (correct)

The act is committed with physical or sexual contact with the elderly person or disabled person.

The act is committed in a public place.

The elderly person or disabled person gives consent.

What is the punishment for committing lewd or lascivious battery upon an elderly person or disabled person?

A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Signup and view all the answers

What is the requirement for consent in the context of lewd or lascivious offenses?

The elderly person or disabled person must have the capacity to consent or give consent Signup and view all the answers

What is the punishment for committing a lewd or lascivious exhibition in the presence of an elderly person or disabled person?

Felony of the third degree Signup and view all the answers

What is an example of an act that constitutes 'lewd or lascivious battery'?

Encouraging an elderly person or disabled person to engage in prostitution Signup and view all the answers

What is an example of a lewd or lascivious act that does not involve actual physical or sexual contact?

Masturbating in the presence of the elderly person or disabled person Signup and view all the answers

What is the purpose of the exemption for 'an act done for a bona fide medical purpose'?

To ensure that medical procedures are not misclassified as sexual activity Signup and view all the answers

What is a condition for a person to be guilty of lewd or lascivious exhibition in the presence of an elderly person or disabled person?

The person knows or reasonably should know that the elderly person or disabled person lacks the capacity to consent. Signup and view all the answers

What is NOT an example of a lewd or lascivious act?

Having a polite conversation with an elderly person or disabled person Signup and view all the answers

What is the punishment for committing lewd or lascivious molestation of an elderly person or disabled person?

A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Signup and view all the answers

What is the key element in determining whether an act constitutes 'lewd or lascivious battery' or 'lewd or lascivious molestation'?

The level of physical contact Signup and view all the answers

What is required for a person to be guilty of lewd or lascivious exhibition in the presence of an elderly person or disabled person?

The person must intentionally commit a lewd or lascivious act. Signup and view all the answers

Study Notes

Lewd or Lascivious Offenses Against Elderly or Disabled Persons

Sexual activity is defined as oral, anal, or vaginal penetration, or union with the sexual organ of another, or the anal or vaginal penetration of another by any other object, excluding acts done for a bona fide medical purpose.

Lewd or Lascivious Battery

Lewd or lascivious battery occurs when a person encourages, forces, or entices an elderly or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity without consent.
This offense is punishable as a felony of the second degree.

Lewd or Lascivious Molestation

Lewd or lascivious molestation occurs when a person intentionally touches an elderly or disabled person in a lewd or lascivious manner without consent.
This offense is punishable as a felony of the third degree.

Lewd or Lascivious Exhibition

Lewd or lascivious exhibition occurs when a person intentionally commits a lewd or lascivious act in the presence of an elderly or disabled person without consent.
Examples of such acts include intentional masturbation, exposing genitals, or simulating sexual activity.
This offense is punishable as a felony of the third degree.

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Description

This quiz covers laws related to lewd or lascivious offenses committed against the elderly or disabled, including definitions and penalties.