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Sexual battery vs lewd molestation: What’s the difference?

On Behalf of | Apr 2, 2025 | Criminal Defense

You’ve been accused of a sex crime, and you’re not sure what’s happening. The terms “sexual battery” and “lewd molestation” are being thrown around, but you’re not sure what they mean or how they differ.

How can you tell if it is sexual battery or lewd molestation?

You can find two separate crimes related to sex: sexual battery and lewd molestation. Each has its own definition and penalties.

  • Sexual battery, as defined in Florida Statute, happens when you make unauthorized sexual contact with another person. This includes touching, fondling, or other forms of sexual contact without their consent.
  • Lewd or lascivious molestation, defined in Florida Statute, involves touching or fondling a child under 16 in a lewd or indecent manner. The important difference between the two is the victim’s age and the perpetrator’s intent.

The key differences between the two crimes include the victim’s age and the perpetrator’s intent. Sexual battery can occur with victims of any age, while lewd molestation specifically involves children under 16. Sexual battery also involves unauthorized sexual contact, while lewd or lascivious molestation involves indecent intent.

What is the difference between sexual battery and lewd molestation?

In Florida, you find two different crimes: sexual battery and lewd molestation. Sexual battery happens when you make unauthorized sexual contact with someone else. This includes touching, fondling, or other sexual contact without their consent. Lewd molestation involves touching or fondling a child under 16 in a lewd or lustful way. The main difference is the age of the victim and your intent.

How can understanding these differences impact your defense?

Although it may seem that sexual battery and lewd molestation are similar, they are not. Each charge requires different evidence and has unique legal defenses. Understanding these differences is essential for building an effective defense strategy. An attorney with experience in Florida sex crime laws can help you understand the specifics of your case and explore all possible defense options. They can analyze the evidence, challenge the prosecution’s claims, and work to protect your rights throughout the legal process.

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