In case of any lewd and lascivious act a person cannot use “consent” and “ignorance of child’s age” as a defense since they are prohibited by the state.
For a lewd and lascivious battery act the lawyer can fight the accused on the basis of a false allegation which can range from insane or off-balance parents influencing a child, mental sickness of the defendant, manipulation of a child by the parents, and even jealousy.
In case of lewd and lascivious molestation, exhibition, and conduct, the defendant can fight the case with the defense of a false allegation where the allegations can be same as in the case of a lewd and lascivious battery. The defendant can also raise the defense of lack of lewd intent but there needs to be a solid evidence to prove that there was no intent of lewdness.
The Romeo and Juliet Law
In 2007, a law was enacted in Florida which is known as the “Romeo and Juliet” law. This law allows particular individuals to appeal in the court for exclusion from the sex offender registry. Only those individuals are allowed to file a petition in court whose crime meet specific requirements.
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